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Justice delayed: Virus crisis upends courts system across US
Court News |
2020/04/08 10:48
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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 Other courts are stymied by outdated technology.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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Court: Utilities cannot charge energy-making customers more
Court News |
2020/04/02 10:54
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Utilities cannot charge customers who produce some of their own energy more than other customers, the Kansas Supreme Court ruled Friday in a decision that strikes down proposed rates from two companies.
The state's highest court found the proposals by Westar and Kansas Gas and Electric constitute price discrimination against residential customers who use solar panels or windmills to generate some or all of their electricity.
The opinion, written by Justice Caleb Stegall, said such price discrimination undermines the policy preferences of the Legislature. It notes lawmakers codified into state law the goal of incentivizing renewable energy production by private parties.
Calling the utility companies' proposal unlawful, the state Supreme Court reversed a lower appeals court ruling that had upheld it and ruled the Kansas Corporation Commission erred in approving the discriminatory rate. It sent the matter back to the commission for further proceedings.
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Asylum Seekers Attend Border Court Amid Outbreak
Court News |
2020/03/17 11:12
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U.S. immigration courts sharply scaled back operations Monday but have stopped well short of a total shutdown demanded by employees, including judges and government attorneys.
Wearing face masks, about 30 asylum seekers who had been waiting in Mexico were escorted by authorities into a federal building in El Paso, Texas, some carrying children.
They reported, as instructed, to a border crossing at 4 a.m. Monday and were driven to the court in white vans. Journalists were barred from the courtroom on the grounds that it was too crowded.
A lawyer who attended said the judge appeared by video conference, and few, if any migrants wore masks once the hearing began.
“All of the benches are taken up,” Imelda Maynard said. “Most of the children are asleep in their parent’s arms.”
The Justice Department’s Executive Office for Immigration Review late Sunday postponed preliminary hearings for people who aren’t in custody through April 10. While significant, the order doesn’t extend to courts in immigration detention centers or to the government’s “Migrant Protection Protocols” policy to make asylum seekers wait in Mexico for hearings in the U.S. It also didn’t apply to final hearings which determine whether migrants are granted asylum. |
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Spanish court: Google search must show man's acquittal first
Court News |
2020/03/10 12:18
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A Spanish court has partially accepted Google's appeal against a ruling that ordered it to erase news articles about a man accused of sexual abuse, but the new judgement said the company had to display the man's acquittal at the top of any search results.
A National Court decision Friday said that freedom of expression took precedence over personal data protection in this case. However, given the case's special circumstances, the person's acquittal must appear in first place in internet searches, it ruled.
In 2017, Spain's Data Protection Agency ruled in favor of a psychologist who was tried and acquitted on three counts of sexual abuse for which he faced a possible 27 years in prison.
The man, whose name was not released, applied to have Google's search engine erase 10 news articles relating to the case that appeared when his name was keyed in. The agency ordered eight story links to be blocked, saying the news was obsolete.
Google appealed, arguing that the articles were of public interest and access to them should be protected by free speech laws. It also maintained they were of current interest and not outdated.
Spain's privacy agency has long defended people's “right to be forgotten.” Its efforts triggered a landmark ruling in 2014 by Europe's highest court that said search engines must listen, and sometimes comply, when people ask for the removal of links to newspaper articles or other sites containing outdated or otherwise objectionable information about themselves. |
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Court blocks ‘Remain in Mexico’ policy on part of US border
Court News |
2020/03/03 12:23
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In the latest twist on a key Trump administration immigration policy, a federal appeals court said it will prevent the government from making asylum-seekers wait in Mexico for U.S. court hearings starting next week unless the Supreme Court steps in sooner.
The 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday that it would only block the “Remain in Mexico” policy in Arizona and California, the two border states under its authority.
President Donald Trump’s administration says it is asking the U.S. Supreme Court to intervene and had asked that the policy remain in effect until next week to give the high court time to decide. The Supreme Court has consistently ruled in the administration’s favor on questions of immigration and border enforcement.
The latest turn in the case comes after the 9th Circuit halted the policy along the entire southern border on Friday but suspended its own order later that day after the government warned of dire consequences. “Remain in Mexico” is a crucial part of the Trump administration’s response to large numbers of asylum-seekers appearing at the border.
On Wednesday, the court ruled that the policy will no longer be in effect on Mexico’s border with California and Arizona starting March 12 unless the Supreme Court wades in sooner. It declined to extend its order to federal courts in the two other southern border states ? New Mexico and Texas.
Judges William Fletcher and Richard Paez, both appointed by President Bill Clinton, said they acknowledged that nationwide orders applied to places outside a court’s jurisdiction are “a matter of intense and active controversy.”
They reaffirmed their view that the policy, known officially as “Migrant Protection Protocols,” is illegal under U.S. law to prevent sending people to countries where their lives or freedom would be threatened because of their race, religion, nationality, political beliefs or membership in a particular social group.
There is no question about “the extreme danger to asylum seekers who are returned to Mexico,” they wrote.
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