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Agency: School boards, counties should stay out of court
Court Watch |
2018/03/18 12:17
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School districts across North Carolina will present fall funding requests in the coming weeks, with the threat of costly and lengthy litigation if local county commissioners can't see eye-to-eye with school board members on spending.
The General Assembly's government watchdog agency told legislators Monday they should pass a law barring school districts from suing when funding disagreements can't be settled through formal mediation.
The Program Evaluation Division recommended the new law instead direct a county fund a district when mediation is exhausted through a formula based on student membership and inflation.
Some committee members hearing the agency report questioned whether it was worth changing the law since school funding impasses reached the courts just four times between 1997 and 2015. It took 21 months on average to resolve them.
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California court body has paid $500K to settle sex claims
Law Center |
2018/03/16 12:18
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The policymaking body for California's courts says it has paid more than $500,000 in taxpayer funds since 2011 to settle five complaints of sexual harassment against judges and court employees.
The Judicial Council released the figures on Friday. They were first reported by the legal publication, the Recorder.
The council said three of the complaints were against judges and two were against court employees.
The council said it has paid another roughly $80,000 since 2010 to investigate sexual harassment allegations against five judicial officers.
It did not disclose any names or details of the individual cases.
The Judicial Council's figures come as California's Legislature has been embroiled in sexual misconduct scandals that have brought down several lawmakers.
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Utah teen appears in court in school backpack bomb case
Law Center |
2018/03/15 12:18
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A 16-year-old is facing attempted murder and other charges after prosecutors say he tried to ignite an explosive device in a backpack at his southern Utah high school.
The teen also was charged Monday in juvenile court in St. George with misdemeanor graffiti and abuse of a flag for allegedly cutting up an American flag and spray-painting words including "ISIS" on a wall at a different high school in nearby Hurricane.
The FBI determined the group was not involved. The Deseret News reports the boy remains in juvenile detention pending another court appearance. No explosion resulted and no one was hurt March 5 after the backpack was found emitting smoke in a common area of Pine View High School.
Charging documents say the boy told police that if someone got hurt, he probably wouldn't care. |
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Maryland redistricting case comes before Supreme Court
Legal Focuses |
2018/03/14 12:17
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The Supreme Court is taking up its second big partisan redistricting case of the term amid signs the justices could place limits on drawing maps for political gain.
The justices are hearing arguments Wednesday in an appeal filed by Republicans in Maryland. They complain that Democrats who controlled the state government in 2011 drew a congressional district for the express purpose of ousting the Republican incumbent and replacing him with a Democrat.
In Wisconsin, Democrats are challenging legislative districts drawn by Republicans statewide. Those districts gave Republicans a huge majority in a state that otherwise is closely divided between the parties.
The Supreme Court has never struck down districts for being too partisan.
A decision in favor of opponents of partisan gerrymandering could cut into the political power of the dominant party in states in which one party controls the state government.
The court is expected to issue decisions in both cases by late June.
Maryland's 6th Congressional District had been centered in rural, Republican-leaning northwestern Maryland and had elected a Republican to Congress for 20 years. Incumbent Rep. Roscoe Bartlett won re-election in 2010 by 28 percentage points.
But in the 2011 redistricting, Democrats altered the district to take in some Democratic suburbs of Washington, D.C. The new district had 62,000 fewer Republicans and 33,000 more Democrats. Bartlett lost the 2012 election by 21 percentage points.
Republican voters who sued over the changes said the state violated their First Amendment rights.
Maryland Attorney General Brian Frosh, a Democrat, is defending the district as competitive for both parties. Frosh said the district has elected a moderate Democrat, and in 2014, a friendlier year for Republican candidates, the victory margin of Democratic Rep. John Delaney dropped to less than 2 percentage points, though it rose again in 2016.
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Former Trump campaign aide Nunberg at court for grand jury
Court Watch |
2018/03/10 21:56
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A former Trump campaign aide appeared for hours before a federal grand jury Friday, after he defiantly insisted in a series of news interviews just days earlier that he intended to defy a subpoena in special counsel Robert Mueller's Russia investigation.
Sam Nunberg spent more than six hours inside the federal courthouse in Washington. He declined to speak with journalists on the way in or out of the building, and it was not immediately clear what testimony he offered to the grand jury or what documents he provided.
His appearance marked a turnabout from extraordinary public statements Monday when Nunberg, in multiple interviews, balked at complying with a subpoena that sought his appearance before the grand jury as well as correspondence with other campaign officials. In doing so, he became the first witness in the Mueller probe to openly threaten to defy a subpoena.
Nunberg said he worked for hours to produce the thousands of emails and other communications requested by Mueller, who is investigating whether Donald Trump's campaign improperly coordinated with Russia during the 2016 presidential election.
Trump has denied any wrongdoing. His lawyers are currently negotiating the terms and scope of a possible interview with Mueller's office.
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TransCanada doesn't have to pay landowner attorneys
Court Watch |
2018/03/09 21:56
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The developer of the Keystone XL pipeline doesn't have to reimburse attorneys who defended Nebraska landowners against the company's efforts to gain access to their land, the state Supreme Court ruled Friday.
The high court's ruling resolves a dispute that was triggered when TransCanada Inc. filed eminent domain lawsuits against 71 Nebraska landowners in 2015, only to drop them later amid uncertainty over whether the process it used was constitutional.
"We conclude that none of the landowners established that they were entitled to attorney fees," Chief Justice Michael Heavican wrote in the opinion.
Omaha attorney Dave Domina argued that TransCanada owes his clients about $350,000 to cover their attorney fees. Domina said the landowners clearly asked for representation in the eminent domain cases, and TransCanada should pay their attorney fees because the company effectively lost those cases.
A TransCanada attorney, James Powers, argued that the landowners failed to prove that they actually paid or were legally indebted to Domina or his law partner, Brian Jorde.
"We're pleased the Nebraska Supreme Court agreed with our legal position," Powers said Friday. Domina said he respected the decision but was disappointed for his clients.
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