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High court to take new look at partisan electoral districts
Topics in Legal News | 2019/01/03 15:28
The Supreme Court is plunging back into the issue of whether electoral districts can be too partisan.

Disputes have arisen in cases involving North Carolina's heavily Republican congressional map and a Democratic congressional district in Maryland, and the justices said Friday they will hear arguments in March.

The high court could come out with the first limits on partisan politics in the drawing of electoral districts, but also could ultimately decide that federal judges have no role in trying to police political mapmaking.

The court took up the issue of partisan gerrymandering last term in cases from Wisconsin and the same Maryland district, but the justices failed to reach a decision on limiting political line-drawing for political gain.

Justice Anthony Kennedy had said he was open to limits. He has since retired, and Justice Brett Kavanaugh has taken Kennedy's seat. He has no judicial record on the issue.

The court again has taken one case in which Democrats are accused of unfairly limiting Republicans' political power and one in which Republicans are the alleged culprits. The court also has the entire North Carolina congressional map before it, but only the one Maryland district.

In both cases, however, lower courts have found that the party in charge of redistricting — Republicans in North Carolina, Democrats in Maryland — egregiously violated the rights of voters in the other party.

The North Carolina map was redrawn in 2016 because federal courts determined two districts originally drawn in 2011 were illegal because of excessive racial bias.

In November, Republicans won at least nine of the 13 seats in North Carolina's congressional delegation and appeared to have won a 10th seat, in keeping with how many they held before the 2016 remapping. But state election officials have so far declined to certify the results in the 9th District in south-central North Carolina because of allegations of absentee ballot fraud.


Mississippi chief justice: Time for another to lead court
Topics in Legal News | 2018/12/24 12:08
After 21 years on the Mississippi Supreme Court and 10 years as chief justice, Bill Waller Jr. says it's time for someone else to take the helm.

Waller's court has at times questioned problems with forensic evidence, but passed when asked to rule on the legality of Mississippi's cap on punitive damages. He said his biggest regret is not getting a statewide system of county courts.

Gov. Phil Bryant has announced that he will replace Waller with Court of Appeals Chief Judge Kenny Griffis, while Presiding Justice Michael Randolph will become the next leader of the nine-member Supreme Court, based on seniority. The outgoing chief justice, son of the late Gov. Bill Waller Sr., a Democrat who served from 1972 to 1976, said he still might run for governor himself.

Waller came on to the court in a different time, before the new judicial building was started, when most record-keeping was on paper and when a hot political battle was waging over limiting damages on civil lawsuits. Another change has been improvements in how inmates are represented in appeals, with the creation of the Office of Capital Post-Conviction Counsel and then the Office of Indigent Appeals.


'Magic' campaign lands 17 black women on Houston courts
Topics in Legal News | 2018/11/10 14:48
The Houston area's courts are going to be a lot more diverse thanks to a group of 17 African-American women and their "magic."

The women, who were part of an effort dubbed the "Black Girl Magic" campaign, all won races Tuesday to be judges in various Harris County courts in an election that featured more black women on the county's ballot than any other.

The "Black Girl Magic" campaign debuted over the summer with a viral photo that featured the 17 women and two other sitting Harris County judges inside a courtroom. Although those two judges lost their bids Tuesday for seats on the Texas Court of Criminal Appeals, they will retain their local judgeships.

Those behind the campaign say it was part of an effort to broaden the diversity of the Houston area's judiciary and ensure that more African-Americans and other minorities can bring their backgrounds and life experiences to the bench and better reflect the diversity of the nation's fourth largest city.

"I think that while Houston itself is one of the most diverse cities in the United States, our elected officials have not always reflected that," said Lillie Schechter, chair of the Harris County Democratic Party, which put together the "Black Girl Magic" campaign. "Having a government that reflects the people, the population is something that is incredibly important."

Lori Chambers Gray, a Houston defense attorney who won election to be a judge on a criminal district court, said the photo and the "Black Girls Magic" campaign provided her with a source of strength and motivation as she proceeded to Election Day.

"I hope that it's an example for women that we do have opportunities to run and to win a campaign," Gray said.

The "Black Girl Magic" moniker has been used as a hashtag in recent years to highlight the accomplishments of African-American girls and women. In politics, it's been used to highlight the role African-American women have played in helping decide various races, including the highly contested Senate race in Alabama last year in which Democrat Doug Jones beat Republican Roy Moore.

The victory by the 17 black women on Tuesday was part of a Harris County rout by the Democrats, who won almost all of the nearly 70 local judicial races and ousted a popular Republican from the county's top elected office.



Synagogue suspect at courthouse; survivors recall ordeal
Topics in Legal News | 2018/10/27 02:30
The man accused in the Pittsburgh synagogue massacre was released from a hospital and turned over to federal authorities for a court appearance Monday on charges he killed 11 people in what is believed to be the deadliest attack on Jews in U.S. history.

Robert Gregory Bowers, 46, who was shot and wounded in a gun battle with police, arrived at the federal courthouse in downtown Pittsburgh less than two hours after his release from Allegheny General Hospital, according to U.S. marshals. A government car with a wheelchair visible inside could be seen arriving earlier.

Federal prosecutors set in motion plans to seek the death penalty against Bowers, who authorities say expressed hatred of Jews during the rampage and later told police that "I just want to kill Jews" and that "all these Jews need to die."

The first funeral — for Cecil Rosenthal and his younger brother, David — was set for Tuesday. Survivors, meanwhile, began offering harrowing accounts of the mass shooting Saturday inside Tree of Life Synagogue. Barry Werber said he found himself hiding in a dark storage closet as the gunman tore through the building and opened fire.



Pros and Cons of Workers’ Comp Lump Sum Settlements
Topics in Legal News | 2018/09/28 15:54
In Illinois, workers who have sustained a permanent injury as the result of an accident are entitled to accept a lump-sum settlement award rather than accepting a series of ongoing payments.

It is very important to fully understand the pros and cons of a lump sum settlement before you make a decision.  Insurance companies will often try to offer a lump sum payment as it usually terminates any further payments to the employee and can end up costing the employer less in the long run.

A large lump sum benefit can look appealing to an injured worker, but it is important to review the situation with a skilled workers’ comp attorney to determine whether accepting the lump sum is in the best interest of the injured worker and whether the amount that has been offered is going to be sufficient for all the financial costs of their injury, both present and future.

Before accepting a lump sum settlement, an injured worker should consider important questions with an attorney including:

- How long will I be unable to work?
- What is the likelihood that the medical condition will get worse?
- How will the settlement affect my right to other benefits such as medical care?
- Is the claim being disputed by the insurance company?
- What is the total value of the current claim?

Once an employee accepts a lump sum benefit and the contract is accepted by the Commission, the employee will most likely no longer be eligible for any additional Workers Comp benefits for their injury, even if the condition worsens.

The choice is extremely important and can impact the injured worker for years to come.  Every case is different. With over 60 years of combined legal experience, the law firm of Krol, Bongiorno, & Given has handled well over 30,000 claims for injured workers throughout the state of Illinois and have consistently generated some of the largest settlements and awards at the Illinois Workers’ Compensation Commission. As with all of our cases, KB&G will only charge an attorney’s fee when there is a recovery for you.


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