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Stand-ins to decide who sits on West Virginia Supreme Court
Legal News |
2018/09/25 23:00
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A group of judicial stand-ins representing West Virginia's Supreme Court was hearing challenges Monday to GOP Gov. Jim Justice's appointments of two Republican politicians to replace two departed justices.
Democrats have called the impeachments that imploded the state's highest court an unprecedented power grab by the West Virginia GOP. One of the petitions being heard on Monday says the choice of U.S. Rep. Evan Jenkins and ex-House speaker Tim Armstead violates "the clear will of the voters" who elected Democrats to their spots on the bench.
Justice appointed Jenkins and Armstead — who resigned as speaker of the House of Delegates in anticipation of his move to the court — to serve until a Nov. 6 special election in which both men are candidates.
Also on the November ballot is attorney William Schwartz, whose petition seeks to stop Jenkins and Armstead from temporarily serving on the court. His petition also accuses Jenkins of being ineligible because he hasn't actively practiced law recently. The state constitution requires justices to be admitted to practice law for at least 10 years prior to their election.
Jenkins and Schwartz are seeking to serve the remainder of retired Justice Robin Davis' term through 2024, while Armstead hopes to finish the term of retired Justice Menis Ketchum through 2020. Both Davis and Ketchum were elected as Democrats.
Ketchum resigned before the Republican-led House voted to impeach the remaining four justices. Davis then resigned in time to trigger an election for the remainder of her term. The others await Senate impeachment trials next month, including Allen Loughry, who is suspended, and Margaret Workman and Beth Walker, who recused themselves from hearing these petitions. Temporary Chief Justice Paul T. Farrell then appointed four circuit judges to hear the challenges.
According to Schwartz's petition, Jenkins voluntarily placed his West Virginia law license on inactive status in 2014 after he was elected to the U.S. House. But Jenkins said he's been admitted to practice law in the state for more than three decades. According to the bylaws of the State Bar, an inactive status means members are admitted to practice law but aren't taking clients or providing legal counseling. |
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Supreme Court upholds hospital 'charity care' tax exemption
Legal News |
2018/09/23 15:51
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The Illinois Supreme Court has upheld a 2012 law that sought to clarify property tax exemptions for charitable hospitals.
The court voted 7-0 in an opinion issued Thursday. It ruled on a law that allows issuing tax exemptions to hospitals when the value of the "charity care" or "free or discounted services" they provide exceed its estimated tax liability.
Constance Oswald argued in her lawsuit that the law requires issuing an exemption regardless of whether the constitutional requirements are met. The court found that the language of the law merely allows allowing an exemption in warranted cases.
Illinois Health and Hospital Association spokesman Danny Chun says the law has cleared up previous confusion and ensured financially stretched hospitals can serve their communities. |
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Court: Cities can't prosecute people for sleeping on streets
Legal News |
2018/09/06 03:54
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Cities can't prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday.
The 9th U.S. Circuit Court of Appeals sided with six homeless people from Boise, Idaho, who sued the city in 2009 over a local ordinance that banned sleeping in public spaces. The ruling could affect several other cities across the U.S. West that have similar laws.
It comes as many places across the West Coast are struggling with homelessness brought on by rising housing costs and income inequality.
When the Boise lawsuit was filed, attorneys for the homeless residents said as many as 4,500 people didn't have a place to sleep in Idaho's capital city and homeless shelters only had about 700 available beds or mats. The case bounced back and forth in the courts for years, and Boise modified its rules in 2014 to say homeless people couldn't be prosecuted for sleeping outside when shelters were full.
But that didn't solve the problem, the attorneys said, because Boise's shelters limit the number of days that homeless residents can stay. Two of the city's three shelters also require some form of religious participation for some programs, making those shelters unsuitable for people with different beliefs, the homeless residents said.
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Alabama Supreme Court won't move lawsuit against Moore
Legal News |
2018/08/18 18:11
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The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago.
The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous."
Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones.
Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election.
Moore sought to have the case heard in Etowah County where he and Corfman both live.
"The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said.
Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery.
Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.
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