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9 apply for open West Virginia Supreme Court seat
Court News | 2022/03/20 16:30
Nine people have applied for an open West Virginia Supreme Court seat.

Gov. Jim Justice’s office says the applicants are C. Haley Bunn; Nicole A. Cofer; Robert J. Frank; Gregory Howard Jr.; Charles O. Lorensen; Kristina D. Raynes; James J. Rowe; Mark A. Sorsaia; and Joanna I. Tabit.

Bunn practices with Steptoe & Johnson PLLC in Charleston. Cofer is a traffic safety resources prosecutor with the West Virginia Prosecuting Attorneys Institute. Frank has a Lewisburg law firm.

Howard is a Cabell County Circuit Court judge. Lorensen is a member of Kay Casto & Chaney PLLC in Charleston and a one-time chief of staff to former Democratic Gov. Earl Ray Tomblin.

Raynes is a Putnam County assistant prosecutor. Rowe is a senior status judge retired from Greenbrier County circuit court. Sorsaia is Putnam County’s prosecuting attorney. Tabit is a Kanawha County circuit court judge.

Former Justice Evan Jenkins resigned last month to return to private practice.

The governor’s office says a judicial commission will interview candidates in the coming weeks and recommend finalists to him.

A bill awaiting Justice’s signature would let the appointee first face election when Jenkins’ term is up in 2024, rather than holding a special election in November.





International Criminal Court to probe abuses in Venezuela
Court News | 2021/11/08 15:02
The International Criminal Court is opening a formal investigation into allegations of torture and extrajudicial killings committed by Venezuelan security forces under President Nicolás Maduro’s rule, the first time a country in Latin America is facing scrutiny for possible crimes against humanity from the court.

The opening of the probe was announced Wednesday by ICC Chief Prosecutor Karim Khan at the end of a three-day trip to Caracas.

Standing alongside Maduro, Khan said he was aware of the political “fault lines” and “geopolitical divisions” that exist in Venezuela. But he said his job was to uphold the principles of legality and the rule of law, not settle scores.

“I ask everybody now, as we move forward to this new stage, to give my office the space to do its work,” he said. “I will take a dim view of any efforts to politicize the independent work of my office.”

While Khan didn’t outline the scope of the ICC’s investigation, it follows a lengthy preliminary probe started in February 2018 — later backed by Canada and five Latin American governments opposed to Maduro — that focused on allegations of excessive force, arbitrary detention and torture by security forces during a crackdown on antigovernment protests in 2017.

Human rights groups and the U.S.-backed opposition immediately celebrated the decision. Since its creation two decades ago, the ICC has mostly focused on atrocities committed in Africa.

“This is a turning point,” said Jose Miguel Vivanco, the Americas director for Human Rights Watch. “Not only does it provide hope to the many victims of Maduro’s government but it also is a reality check that Maduro himself could be held accountable for crimes committed by his security forces and others with total impunity in the name of the Bolivarian revolution.”

It could be years before any criminal charges are presented as part of the ICC’s investigation.

Maduro said he disagreed with Khan’s criteria in choosing to open the probe. But he expressed optimism that a three-page “letter of understanding” he signed with the prosecutor that would allow Venezuelan authorities to carry out their own proceedings in search of justice, something allowed under the Rome statute that created the ICC.


1st female LGBT federal appeals court nominee to get hearing
Court News | 2021/09/14 12:21
The U.S. Senate Judiciary Committee is considering President Joe Biden’s nomination of a Vermont judge who played a role in the state’s passage of the first-in-the-nation civil unions law, a forerunner of same-sex marriage, to become the first openly LGBT woman to serve on any federal circuit court.

At the start of the Tuesday hearing, Democratic U.S. Sen. Patrick Leahy, of Vermont, called the nomination of Beth Robinson, an associate justice on the Vermont Supreme Court, to the U.S. Court of Appeals for the 2nd Circuit “truly historic.” The court’s territory includes Connecticut, New York and Vermont.

“She’s been hailed as a tireless champion for equal rights and equal justice in the mode of the late justice Ruth Bader Ginsburg,” Leahy said as he introduced Robinson. “It’s no exaggeration to say that Beth helped Vermont and America more fully realizing the meaning of equality under the law.”

Robinson helped argue the case that led to Vermont’s 2000 civil unions law. She has served on the Vermont Supreme Court since 2011.

She “has built a reputation for her impartiality, and fair application of the law,” said Sen. Bernie Sanders, of Vermont, in his introduction. “She treats people with respect and compassion and she understands the duty of the court to provide equitable justice.”

Robinson told the committee that she would be honored to continue her work promoting the rule of law as a judge on the 2nd circuit.


Supreme Court hanging up phone, back to in-person arguments
Court News | 2021/09/08 12:28
The justices are putting the “court” back in Supreme Court. The high court announced Wednesday that the justices plan to return to their majestic, marble courtroom for arguments beginning in October, more than a year and a half after the in-person sessions were halted because of the coronavirus pandemic.

The justices had been hearing cases by phone during the pandemic but are currently on their summer break. The court said that oral arguments scheduled for October, November and December will be in the courtroom but that: “Out of concern for the health and safety of the public and Supreme Court employees, the Courtroom sessions will not be open to the public.”

“The Court will continue to closely monitor public health guidance in determining plans,” the announcement said.

The court said that while lawyers will no longer argue by telephone, the public will continue to be able to hear the arguments live. Only the justices, essential court personnel, lawyers in the cases being argued and journalists who cover the court full-time will be allowed in the courtroom. The court that returns to the bench is significantly different from the one that left it.

When the justices last sat together on the bench at their neoclassical building across the street from the U.S. Capitol on March 9, 2020, Justice Ruth Bader Ginsburg was the court’s most senior liberal and conservatives held a narrow 5-4 majority. But Ginsburg died in September 2020, and her replacement by conservative Amy Coney Barrett in the final days of the Trump administration has given conservatives a significant 6-3 majority.

Because of the pandemic, Barrett has yet to be part of a traditional courtroom argument, with the justices asking questions of lawyers in rapid succession, jockeying for an opening to ask what’s on their minds. The arguments the court heard by telephone were more predictable and polite, with the justices taking turns asking questions, one by one, in order of seniority. That often meant the arguments went longer than their scheduled hour.

It also meant that lawyers and the public heard from the previously reticent Justice Clarence Thomas in every telephone argument. Before the pandemic Thomas routinely went years without speaking during arguments and had said he doesn’t like his colleagues’ practice of rapid-fire questioning that cuts off attorneys. “I don’t see where that advances anything,” he said in 2012.

One change from the remote arguments will stay for now. The justices said they will continue their practice during the pandemic of allowing audio of oral arguments to be broadcast live by the news media. Before the pandemic, the court would only very occasionally allow live audio of arguments in particularly high profile cases.

That meant that the only people who heard the arguments live were the small number of people in the courtroom. The court releases a transcript of the arguments on the same day but, before the pandemic, only posted the audio on its website days after.


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