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Fewer candidates seek WVa Supreme Court seats after scandal
Court News | 2020/01/27 10:56
A little over a year removed from an impeachment scandal that included pricey renovations of court offices, the West Virginia Supreme Court’s lineup is about to finish its own complete makeover, barring a last-second filing.

There are far fewer names for the three races in May than there were for two spots up for grabs in a November 2018 special election. What the races lack in numbers, they make up with cash.

Missing from the list of nine candidates is Justice Margaret Workman, whose 12-year term also ends this year. Saturday was the deadline for candidates to have their papers postmarked. Three seats are up for grabs on May 12.

Workman did not file precandidacy papers for re-election. She did not respond to a request for comment last week.

If the 72-year-old Workman retires, it would mark the last piece in a court turnover over the past four years. Three justices joined the five-member court in 2018. Beth Walker, who was elected in 2016, is the court’s senior member. The last time all five justices were replaced occurred over a four-year span in the late 1990s

Judicial elections in West Virginia became nonpartisan in 2016. In 2018, the court’s impeachment scandal stirred political attacks and some Democrats argued the court’s shakeup was a power grab by Republicans. Regardless of what Workman decides, career Republicans would retain control of the Supreme Court.

While 20 candidates filed for two open seats in the 2018 special election, this year’s races prompted just nine candidates for three races.


Court: Methodist bishops must testify in sex abuse case
U.S. Court News | 2020/01/25 10:57
Two United Methodist bishops must testify in a lawsuit filed by a one-time church member who claimed he was sexually abused, the Alabama Supreme Court ruled Friday, turning away the church leaders’ efforts to stay out of the case.

The all-Republican court, in a 7-2 decision, rejected attempts by the current bishop for north Alabama, Debra Wallace-Padgett, and her predecessor, Will Willimon, to avoid sworn testimony.

Both Wallace-Padgett and Willimon, who now teaches at Duke University, claimed they didn’t know anything personally about the complaints of a male who claimed he was sexually abused as a minor by a United Methodist youth pastor. Wallace-Padgett also argued it would be “unduly burdensome” for her to provide documents.

The justices rejected their arguments, saying neither was protected by a rule that shields high-ranking corporate or government officials from testifying about cases in which they have no direct knowledge.

The decision came as courts nationwide grapple with lawsuits and legal questions raised by complaints of sexual abuse within multiple religious denominations.


Court takes another look at Native American adoption law
Law Firm News | 2020/01/22 16:14
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.

Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.

A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.

Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.


Supreme Court won’t take case prompted by Flint water crisis
Law Firm News | 2020/01/21 16:18
Tucked in a windowless room of Chicago’s immigration court, one of the nation’s largest legal advocacy groups for immigrants runs a free help desk.

Their pace is dizzying. Most days, there’s a line outside the door, with some cases taking years to resolve. Attorneys have no printer and make copies by hand. They rarely take breaks, even to use the bathroom.

“Attorneys are spending so much time on work that is effectively meaningless,” said Ashley Huebner with the Chicago-based National Immigrant Justice Center, which staffs the legal help desk. “It’s unnecessary, bureaucratic red tape gone crazy.”

Notices to appear in court list times or dates when courts aren’t in session. Immigrants who don’t get copies of their asylum paperwork at the border must file formal Freedom of Information Act requests, which can take time and money. And the Trump administration has all but shut down interactions between government and immigration attorneys outside court, even for mundane matters like finding out when there’s a hearing.

The legal help desk is inside the main immigration court in a downtown high-rise. The National Immigrant Justice Center began a privately funded version of the program in 2013, which was expanded in 2016 with federal funding. Currently, the Department of Justice’s Executive Office for Immigration Review administers similar desks in four other cities: Los Angeles, Miami, New York and San Antonio.


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