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Immigration courts: record number of cases, many problems
U.S. Court News |
2017/03/07 15:50
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Everyone was in place for the hearing in Atlanta immigration court: the Guinean man hoping to stay in the U.S., his attorney, a prosecutor, a translator and the judge. But because of some missing paperwork, it was all for nothing.
When the government attorney said he hadn't received the case file, Judge J. Dan Pelletier rescheduled the proceeding. Everybody would have to come back another day.
The sudden delay was just one example of the inefficiency witnessed by an Associated Press writer who observed hearings over two days in one of the nation's busiest immigration courts. And that case is one of more than half a million weighing down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.
Even before Trump became president, the nation's immigration courts were burdened with a record number of pending cases, a shortage of judges and frequent bureaucratic breakdowns. Cases involving immigrants not in custody commonly take two years to resolve and sometimes as many as five.
The backlog and insufficient resources are problems stretching back at least a decade, said San Francisco Immigration Judge Dana Marks, speaking as the president of the National Association of Immigration Judges.
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Raw power in North Carolina: governor, legislature in court
Court News |
2017/03/07 15:50
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Lawyers for North Carolina Gov. Roy Cooper and the state's legislative leaders face off in court Tuesday over whether a series of new laws diminishing the governor's powers are constitutional.
A state panel of three trial judges will determine the outcome, though its decision can be appealed in a process that could last months.
The challenged laws require Cooper's picks to run 10 state agencies be approved by the GOP-led Senate, strip the governor's control over running elections, slash his hiring options and give civil service protections to hundreds of political appointees of former Republican Gov. Pat McCrory.
GOP lawmakers adopted the provisions reducing Cooper's powers during a surprise special legislative session two weeks before the Democrat took office Jan. 1.
The key argument raised by attorneys for state House Speaker Tim Moore and Senate leader Phil Berger is that North Carolina's legislature is — and should be — dominant in a state government where the three branches of government were designed to be separate, but not equal.
Cooper's attorneys contend that even if North Carolina's governor was established in the state constitution to be weak compared with most state executives across the country, the new laws encroach on the governor's powers and upset the balance of powers that have developed.
The determination of Republican lawmakers to shift Cooper's authority to legislative leaders continued last week in party-line votes. The House bills would eliminate Cooper's ability to choose board members at more than a dozen community colleges, and to fill vacancies on the state District Court, where most criminal and civil cases get heard. |
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Oklahoma tribe sues oil companies in tribal court over quake
U.S. Court News |
2017/03/06 15:50
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An Oklahoma-based Native American tribe filed a lawsuit in its own tribal court system Friday accusing several oil companies of triggering the state's largest earthquake that caused extensive damage to some near-century-old tribal buildings.
The Pawnee Nation alleges in the suit that wastewater injected into wells operated by the defendants caused the 5.8-magnitude quake in September and is seeking physical damages to real and personal property, market value losses, as well as punitive damages.
The case will be heard in the tribe's district court with a jury composed of Pawnee Nation members.
"We are a sovereign nation and we have the rule of law here," said Andrew Knife Chief, the Pawnee Nation's executive director. "We're using our tribal laws, our tribal processes to hold these guys accountable."
Attorneys representing the 3,2 00-member tribe in north-central Oklahoma say the lawsuit is the first earthquake-related litigation filed in a tribal court. If an appeal were filed in a jury decision, it could be heard by a five-member tribal Supreme Court, and that decision would be final.
"Usually tribes have their own appellate process, and then, and this surprises a lot of people, there is no appeal from a tribal supreme court," said Lindsay Robertson, a University of Oklahoma law professor who specializes in Federal Indian Law.
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Court officer investigated for photographing lawyer's notes
Court News |
2017/03/03 15:51
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A court security officer in Maine has been placed on leave while under investigation for sending a cellphone photo of a defense attorney's notes to a prosecutor.
The Kennebec Journal reports that court officials are calling the incident a serious ethical breach and violation of courtroom protocol.
Sgt. Joel Eldridge took the photo Tuesday as a judge and attorneys discussed a case involving robbery, aggravated assault and criminal mischief. Assistant District Attorney Francis Griffin told the judge he saw the photo on his phone and reported the incident to the district attorney.
Defense attorney Sherry Tash said she was told the photo showed her notes of a person's name and number. Eldridge declined comment. He's on administrative leave with pay pending an internal investigation by the Kennebec County Sheriff's Department.
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