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Court won't reconsider judicial elections ruling
Court News |
2013/08/21 13:53
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An appellate court panel's decision to allow political parties to endorse candidates and make expenditures in Montana's nonpartisan judicial elections will stand, the 9th U.S. Circuit Court of Appeals ruled Friday.
None of the 9th Circuit judges voted to rehear the three-judge panel's June decision, so the appellate court denied the state attorney general's petition.
The panel said in June the state's ban on party endorsements and expenditures in judicial races is unconstitutional, but ruled that candidates can't receive direct contributions from parties.
The state filed a petition for rehearing, calling it a matter of exceptional importance in Montana's authority to determine how to maintain an impartial and nonpartisan judiciary.
Montana's system of judicial elections reflects a deeply ingrained and repeatedly confirmed sovereign decision by the state and its voters, Assistant Attorney General Michael Black wrote in the petition.
A decision has not been made whether to take the appeal to the U.S. Supreme Court, attorney general spokesman John Barnes said.
"We're looking at our options and will be making a decision on how to proceed from here," Barnes said in an emailed response to an Associated Press query. |
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Court won't reconsider judicial elections ruling
Court News |
2013/08/19 14:35
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An appellate court panel's decision to allow political parties to endorse candidates and make expenditures in Montana's nonpartisan judicial elections will stand, the 9th U.S. Circuit Court of Appeals ruled Friday.
None of the 9th Circuit judges voted to rehear the three-judge panel's June decision, so the appellate court denied the state attorney general's petition.
The panel said in June the state's ban on party endorsements and expenditures in judicial races is unconstitutional, but ruled that candidates can't receive direct contributions from parties.
The state filed a petition for rehearing, calling it a matter of exceptional importance in Montana's authority to determine how to maintain an impartial and nonpartisan judiciary.
Montana's system of judicial elections reflects a deeply ingrained and repeatedly confirmed sovereign decision by the state and its voters, Assistant Attorney General Michael Black wrote in the petition.
A decision has not been made whether to take the appeal to the U.S. Supreme Court, attorney general spokesman John Barnes said.
"We're looking at our options and will be making a decision on how to proceed from here," Barnes said in an emailed response to an Associated Press query. |
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Ohio kidnap suspect in court, plea talks ongoing
Court News |
2013/07/26 10:31
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Prosecutors and lawyers for a Cleveland man accused of holding three women captive in his home for more than a decade signaled Wednesday that they are talking about a possible plea deal.
With a trial less than two weeks away, there was no mention of whether the prosecutor will seek the death penalty. Attorneys for Ariel Castro, 53, say a deal is dependent on taking it off the table.
"My understanding is that the parties have discussed possible pleas and that you're working to see if that would be an effective resolution, is that correct?" Judge Michael Russo asked.
Both sides responded "yes" without elaboration and left the courtroom without commenting. Last month, the judge had mentioned the possibility of a plea deal raised by the defense.
Castro mostly kept his head down during the brief hearing and quietly answered "yes" to routine questions from the judge.
The hearing focused on the trial date, Aug. 5, and whether the prosecution had provided its evidence to the defense in a timely fashion, as required.
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NJ court overturns award for view lost to dune
Court News |
2013/07/09 00:37
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New Jersey's highest court on Monday overturned a $375,000 jury award given to an elderly couple who complained that a protective sand dune behind their house blocked their ocean views.
In a ruling seen as a wider victory for towns that want to build barriers to protect themselves from catastrophic storms, the state Supreme Court faulted a lower court for not allowing jurors to consider the dune's benefits in calculating its effect on property value. The high court ruled that those protective benefits should have been considered along with the loss of the ocean views.
The sand dune in question saved the elderly couple's home from destruction in Superstorm Sandy in October.
The 5-year-old case is being closely watched at the Jersey shore, which was battered by Sandy. Officials want to build protective dune systems along the state's entire 127-mile coastline, but towns fear they won't be able to if many homeowners hold out for large payouts as compensation for lost views.
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