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Proposal would charge $10 to search court records
Court Watch |
2013/03/25 15:06
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In a move that is raising concern about limiting access to public documents, California courts could charge $10 for each record search under a proposal included in Gov. Jerry Brown's budget.
The governor included the search fee as one of the ways the courts can raise $30 million a year to offset budget cuts.
The judicial budget has been reduced by more than $1 billion through cuts and transfers over the past five fiscal years, which has resulted in fewer courtrooms, construction delays and an array of higher fees.
Media organizations and good-government advocates worry that such a fee would restrict access to files the public has a right to view. Democratic lawmakers also expressed distaste for restricting information to those who can afford it.
"Justice that suddenly comes with a big price tag so that not all newspaper reporters or members of the public may be able to get access to court records, for example, can mean justice denied," said Sen. Loni Hancock, D-Berkeley. "We know that, for instance, higher fees for investigative reporting could have prevented those young journalists decades ago who exposed the Watergate scandal." |
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Oklahoma considers foreign law court ban
Court Watch |
2013/02/15 14:38
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Oklahoma lawmakers are considering banning judges in the state from basing any rulings on foreign laws, including Islamic Sharia law.
A Senate panel on Tuesday overwhelmingly approved the bill, which has broad support in the Republican-controlled Legislature. The bill would specifically make void and unenforceable any court, arbitration or administrative agency decision that doesn't grant the parties affected by the ruling "the same fundamental liberties, rights and privileges granted under the U.S. and Oklahoma constitutions."
"This is a way to protect American citizens ... where somebody may try to use any kind of foreign law or religious law to affect the outcome of a trial," said Sen. Ralph Shortey, R-Oklahoma City, who sponsored the bill. Shortey described it as "American Law for American Courts."
A handful of other states have laws aimed at keeping courts from basing decision on foreign legal codes, including Islamic law. Oklahoma voters approved a constitutional amendment in 2010 that would have specifically prohibited courts from considering Sharia law, but a federal judge blocked its implementation after a Muslim community leader alleged it discriminates against his religion.
Shortey said he didn't know of an instance in Oklahoma where a judge has relied on foreign laws, but he said there have been cases in other states.
That prompted state Sen. Brian Crain, R-Tulsa, to describe the measure as a "solution that's looking for a problem." Crain was the only member of the Senate committee to vote against the bill. |
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Chile OK's extradition bid for ex-US Navy officer
Court Watch |
2012/10/24 16:49
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Chile's Supreme Court has approved an extradition request for a former U.S. military officer wanted in the 1973 killings of two Americans, including one whose disappearance was the focus of the movie "Missing," a lawyer said Wednesday.
Former U.S. Navy Capt. Ray E. Davis was charged last year in the deaths of journalist Charles Horman and student Frank Teruggi, who were killed during the 1973-1990 dictatorship of Gen. Augusto Pinochet.
Attorney Sergio Corvalan, who represents Horman's widow, told The Associated Press that the Supreme Court approved by a 4-1 vote a request by judge Jorge Zepeda to seek Davis' extradition to face trial in Chile.
A court official, who agreed to discuss the case only if not quoted by name, said the vote would be formally announced Thursday.
After Davis was charged a year ago, the AP contacted his wife, Patricia Davis, at her home in Niceville, Florida. She said her husband previously denied any involvement in killings. She said he no longer talked because of Alzheimer's disease and was in a nursing home that she declined to identify. |
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Feds seek full court review of cigarette warnings
Court Watch |
2012/10/12 10:40
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The U.S. government is asking a federal appeals court to rehear a challenge to a Food and Drug Administration requirement that tobacco companies to put large graphic health warnings on cigarette packages to show that smoking can disfigure and even kill people.
The Justice Department filed a petition Tuesday asking for the full court to rehear the case after a three-judge panel of the U.S. Court of Appeals in Washington affirmed in August a lower court ruling blocking the mandate, saying it ran afoul of the First Amendment's free speech protections. However, the court rarely grants such appeals.
Some of the nation's largest tobacco companies, including R.J. Reynolds Tobacco Co., sued to block the mandate to include warnings to show the dangers of smoking and encouraging smokers to quit lighting up. They argued that the proposed warnings went beyond factual information into anti-smoking advocacy. The government argued the photos of dead and diseased smokers are factual. |
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High court begins new term with human rights case
Court Watch |
2012/10/06 16:04
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The Supreme Court opened its new term Monday with a high-stakes dispute between businesses and human rights groups over accountability for foreign atrocities.
The justices appeared ready to impose new limits on lawsuits brought in U.S. courts over human rights violations abroad.
The argument was the first in a term that holds the prospect for major rulings about affirmative action, gay marriage and voting rights.
Meeting on the first Monday in October, as required by law, the justices entered the crowded marble courtroom for the first time since their momentous decision in late June that upheld President Barack Obama's health care overhaul.
The lineup of justices was the same as in June, but the bench had a slightly different look nonetheless. Justice Antonin Scalia was without the glasses he no longer needs following cataract surgery over the summer.
Chief Justice John Roberts formally opened the term and the court turned quickly to its first argument.
The dispute involves a lawsuit filed against Royal Dutch Petroleum over claims that the oil company was complicit in abuses committed by the Nigerian government against its citizens in the oil-rich Niger Delta. |
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Court upholds summary for St. Louis police measure
Court Watch |
2012/08/22 14:08
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A Missouri appellate court has upheld the proposed ballot summary for an initiative that would end state control of the St. Louis Police Department.
The Missouri Court of Appeals' Western District ruled Tuesday that the summary is fair and sufficient. The American Civil Liberties Union of Eastern Missouri had filed a lawsuit challenging the summary.
The ballot measure calls for St. Louis to oversee the city's police department instead of a state commission. Election officials reported earlier this month that supporters had submitted enough valid signatures for the measure to appear on the November statewide ballot.
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