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US appeals court: Another conflict in New Orleans courts
U.S. Court News |
2019/09/05 15:26
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A state magistrate judge in New Orleans has a conflict of interest when he sets bail for criminal defendants because bail fees help fund court operations, a federal appeals court said Thursday ? the second time in a week it has found such a conflict in New Orleans courts.
The ruling was in response to an appeal filed by Orleans Parish Criminal District Court Magistrate Judge Harry Cantrell ? often the first court official to preside over a newly arrested defendant’s case, and the one who initially sets bond.
A three-judge panel of the 5th U.S. Circuit Court of Appeal rejected Cantrell’s appeal and upheld a lower court finding that there was a conflict because fees collected as part of bail go to a judicial expense fund.
The lower court’s ruling came in response to a lawsuit filed by two state criminal defendants, one of whom was jailed for two weeks until money for a bail bond was raised, and another who was never able to come up with the money and stayed in jail for a month.
“Because he must manage his chambers to perform the judicial tasks the voters elected him to do, Judge Cantrell has a direct and personal interest in the fiscal health of the public institution that benefits from the fees his court generates and that he also helps allocate,” Judge Gregg Costa wrote for the appeals panel. The bond fees, the opinion said, contribute between 20% and 25% of the amount spent by the court in recent years.
Last Friday, a separate 5th Circuit panel said the district court judges who hear cases and preside over trials have a conflict of interest when they are faced with deciding whether some defendants are able to pay fines and fees that partially fund their court’s expenses. That decision was in response to a lawsuit filed by criminal defendants who accused the New Orleans-based court of operating what amounted to a debtors’ prison. |
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The Latest: Johnson warns of damage to political parties
Court News |
2019/09/04 15:24
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British Prime Minister Boris Johnson has warned of “lasting and catastrophic damage” to Britain’s political parties if the result of the Brexit referendum is not honored.
He told Sky News Friday that people protesting his decision to suspend Parliament during part of the run-up to the Oct. 31 Brexit deadline must realize that “the worst thing for democracy” would be to fail to make Brexit a reality.
He also says the protests and legal challenges to his policy are making it harder for Britain to forge a new deal with European Union leaders because they may believe Parliament can stop Brexit.
A court hearing in Scotland on a legal challenge seeking to block the British government’s plan to suspend Parliament has been moved up and will be heard on Tuesday.
The Court of Session hearing in Edinburgh had originally been set for Sept. 6.
Judge Raymond Doherty on Friday refused to grant a request to immediately halt Prime Minister Boris Johnson’s plan to suspend Parliament for several weeks but agreed that a “substantive” hearing would be held.
The government’s plan would shorten the time political opponents in Parliament would have in their bid to prevent Britain from leaving the European Union without a deal on Oct. 31 if no agreement with the EU is reached by then. |
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Florida high court set to clarify voting rights for felons
Law Firm News |
2019/09/01 15:22
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The Florida Supreme Court waded into the legal wrangling over the voting rights of felons, agreeing Thursday to examine whether the state can continue restricting voting privileges to felons who have unpaid fines and fees.
Voters last year overwhelmingly approved a constitutional amendment restoring voting rights to as many as 1.4 million felons who have completed their sentences.
But the Republican-controlled Legislature then stipulated that to complete sentences, felons must pay all fines and fees before getting their voting rights restored. DeSantis signed the bill into law.
Voting rights groups immediately sued in federal court and likened the requirement to an illegal poll tax.
Gov. Ron DeSantis then asked the state Supreme Court for an advisory on the issue, which the court has agreed to consider.
“The Governor has the duty to implement both the amendment and the law, which must be done appropriately,” said the governor’s spokeswoman, Helen Aguirre Ferre. “That is why he is asking the Florida Supreme Court to provide an opinion on this matter and he is pleased that they have agreed to do so.” |
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‘Coward’: Epstein accusers pour out their anger in court
Court News |
2019/08/28 09:41
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One by one, 16 women who say they were sexually abused by Jeffrey Epstein poured out their anger Tuesday, lashing out at him as a coward and a manipulator, after a judge gave them the day in court they were denied when he killed himself behind bars.
“The fact I will never have a chance to face my predator in court eats away at my soul,” said Jennifer Araoz, who has accused Epstein of raping her in his New York mansion when she was a 15-year-old aspiring actress.
“Even in death, Epstein is trying to hurt me. I had hoped to at last get an apology, but this evil man had no remorse or caring for what he did to anyone,” she said.
The hearing was convened by U.S. District Judge Richard M. Berman, who presided over the case after federal prosecutors had Epstein arrested last month.
The question before the judge was whether to throw out the indictment because of the defendant’s death, a usually pro forma step undertaken without a hearing. But the judge offered Epstein’s accusers an extraordinary opportunity to speak in court.
In addition to the women who spoke — some publicly for the first time — statements from several others were read in court by their lawyers.
They vented their fury over Epstein’s alleged crimes and his suicide in his jail cell Aug. 10 while awaiting trial on sex-trafficking charges involving dozens of teenage girls. Repeatedly, the women described themselves as survivors and said they hoped coming forward would help others. |
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