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Attorney files challenge to eastern Iowa judge appointment
Legal News |
2018/11/02 22:31
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An Iowa attorney has filed documents in state court challenging the validity of Gov. Kim Reynolds’ appointment of an eastern Iowa judge.
Lawyer Gary Dickey says Reynolds failed to appoint Judge Jason Besler within 30 days as required by the Iowa Constitution.
Reynolds filed the paperwork to appoint Besler in June five days after the deadline had passed. She says she made the appointment by the deadline verbally to her chief of staff but acknowledges no documentation exists to prove it.
Dickey, who served as former Democratic Gov. Tom Vilsack’s chief attorney, filed documents Thursday seeking permission of the court to challenge Besler’s appointment.
Dickey also seeks to move it from eastern Iowa, where Besler sits as a judge, to Des Moines to avoid having fellow district judges ruling on his status.
In October Iowa Supreme Court Chief Justice Mark Cady said the governor’s word that the appointment was timely deserves respect unless resolved differently through the legal proces
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S. Korea court upholds conscientious objection to military
U.S. Court News |
2018/11/01 12:28
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South Korea's top court ruled Thursday that South Korean men can legally reject their mandatory military service on conscientious or religious grounds without punishment.
The landmark ruling is expected to affect the cases of more than 930 conscientious objectors on trial. Hundreds of young South Korean men, mostly Jehovah's Witnesses, are imprisoned every year for refusing to serve in the military.
All able-bodied South Korean men must serve about two years in the military under a conscription system aimed at coping with potential aggression from North Korea. The court broke with its own 2004 verdict that rejecting military service because of religious faith was illegal, saying at the time that confrontation with the North made South Korea's draft an indisputable necessity.
The ruling was great news for Jehovah's Witnesses and others who call for improved individual rights and freedom of opinion in South Korea. But many conservatives are likely to criticize it, saying it inadequately considers the North Korean threat.
When South Korea's Constitutional Court ruled in June that the government must provide alternative social service for conscientious objectors by 2019, a heated debate erupted over whether it is the proper time for such a measure because North Korea's nuclear threat remains unchanged. There are also worries that some might exploit alternative service to evade the draft.
On Thursday, the Supreme Court said it quashed a lower court's sentencing of a conscientious objector to 18 months in prison. It said it ordered the lower court to review its earlier verdict. Supreme Court officials said there is little chance the lower court would not abide by the decision.
The majority opinion of a panel of Supreme Court judges is that "conscientious objection of military duty ... can be a valid reason" to avoid military service, the top court said in a statement.
"Forcing a military duty ... with criminal punishment or other punitive measures is an excessive restraint of freedom of conscience," the majority opinion read. "Free democracy can have its legitimacy when it tolerates and embraces minorities though it is run by the principle of majority rule."
Supreme Court officials said lower courts are not officially required to make the same ruling when they handle other cases of conscientious objections, but they are widely expected to do so.
Since the 1950-53 Korean War, South Korea has sent about 19,350 Jehovah's Witnesses to prison for refusing to serve in the military. In recent years, about 500-600 Jehovah's Witnesses went to prison every year and spent 18 months behind bars on average. According to the group and the Supreme Court, Thursday's ruling won't apply to 96 Jehovah's Witnesses currently in prison. |
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Group asks court to reject Arkansas justice's ad lawsuit
Court News |
2018/10/30 03:12
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A Washington-based conservative group is asking a federal court to reject an Arkansas Supreme Court justice's attempt to halt its attack ads and mailers against her.
Attorneys for the Republican State Leadership Committee's Judicial Fairness Initiative on Monday asked the court to reject Justice Courtney Goodson's request for a preliminary injunction against the ads and mailers.
Goodson is running against David Sterling, an attorney for the Department of Human Services, in next month's election. The group's filing Monday said blocking the ads and mailers would be "patently unconstitutional."
RSLC says it's spent $1.1 million so far this fall on the high court race. A state judge in the spring temporarily blocked another group's TV ad attacking Goodson through the May 22 judicial election.
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Trump visit stirs debate; massacre defendant in court
Legal News |
2018/10/29 23:12
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The man charged in the Pittsburgh synagogue massacre was brought into court in a wheelchair Monday, as some members of the Jewish community and others objected to President Donald Trump’s plans to visit, accusing him of contributing to a toxic political climate in the U.S. that might have led to the bloodshed.
With the first funerals set for Tuesday, the White House announced that Trump and first lady Melania Trump will visit the same day to “express the support of the American people and to grieve with the Pittsburgh community” over the 11 congregants killed Saturday in the deadliest attack on Jews in U.S. history.
Some Pittsburghers urged Trump to stay away. “His language has encouraged hatred and fear of immigrants, which is part of the reason why these people were killed,” said Marianne Novy, 73, a retired college English professor who lives in the city’s Squirrel Hill section, the historic Jewish neighborhood where the attack at the Tree of Life synagogue took place.
Meanwhile, the alleged gunman, 46-year-old truck driver Robert Gregory Bowers, was released from the hospital where he was treated for wounds suffered in a gun battle with police. Hours later he was wheeled into a downtown federal courtroom in handcuffs to face charges.
A judge ordered him held without bail for a preliminary hearing on Thursday, when prosecutors will outline their case. He did not enter a plea.
During the brief proceeding, Bowers talked with two court-appointed lawyers and said little more than “Yes” in a soft voice a few times in response to routine questions from the judge. Courtroom deputies freed one of his cuffed hands so he could sign paperwork. |
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