Pennsylvania congressional map battle lands in Supreme Court

Court News 2018/02/26 23:06   Bookmark and Share
A request by Republican leaders in the Pennsylvania Legislature to stop a new congressional map from being implemented is now in the hands of the nation's highest court.

The filing made late Wednesday asked Justice Samuel Alito to intervene, saying the state Supreme Court overstepped its authority in imposing a new map.

More litigation may follow, as Republicans are considering a separate legal challenge in federal court in Harrisburg this week.

The state Supreme Court last month threw out a Republican-crafted map that was considered among the nation's most gerrymandered, saying the 2011 plan violated the state constitution's guarantee of free and equal elections.

The new map the state justices announced Monday is widely viewed as giving Democrats an edge as they seek to recapture enough U.S. House seats to reclaim the majority.

House Speaker Mike Turzai and Senate President Pro Tempore Joe Scarnati said the state's highest court made an unprecedented decision.

"The Pennsylvania Supreme Court conspicuously seized the redistricting process and prevented any meaningful ability for the Legislature to enact a remedial map to ensure a court drawn map," they wrote in a filing made electronically after business hours.

The challenge adds uncertainty as candidates are preparing to circulate nominating petitions to get their names on the May primary ballot.
Pennsylvania congressional map battle lands in Supreme Court
A spokesman for Democratic Gov. Tom Wolf, responding to the lawmakers' filing, said Wolf was "focused on making sure the Department of State is fully complying with the court's order by updating their systems and assisting candidates, county election officials and voters preparing for the primary election."

It is the third time in four months that Turzai and Scarnati have asked the U.S. Supreme Court to put a halt to litigation over the 2011 map they took leading roles in creating.

Alito handles emergency applications from Pennsylvania and the other states covered by the 3rd U.S. Circuit Court of Appeals. Justices have the authority to deal with these applications on their own, or they can refer the matter to the entire court.

In November, Alito turned down a request for a stay of a federal lawsuit, a case that Turzai and Scarnati won in January.

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Courts: Bail reform working, but sustainable funding needed

Court News 2018/02/19 12:26   Bookmark and Share
The number of defendants being held before trial since New Jersey overhauled its bail system last year dropped by 20 percent, but the judge overseeing the program says it faces financial difficulties.

A report submitted last week by Judge Glenn Grant, who runs the state's court system, also shows the program faces financial difficulties because it relies on court fees instead of a "stable sustainable funding stream."

Proponents say the reforms championed by former Republican Gov. Chris Christie keep violent offenders detained until trial while providing poor, low-level defendants the opportunity to be freed.

But critics — including some lawmakers, law enforcement officials and the bail bond industry — say it has led to the quick release of some who weren't deemed a threat but were soon re-arrested on new charges.

The data shows 44,319 people were issued complaint warrants in New Jersey last year. Prosecutors sought to have 19,366 defendants detained until trial, but only 8,043 of those people were ordered held.

That means the state's pretrial jail population dropped by 20 percent from January 2017 to January 2018, and by 35 percent from January 2015 to January 2018.

At least two lawsuits have been filed seeking to overturn the changes, including one from a group backed by reality TV star Dog the Bounty Hunter.
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Inmate in landmark Supreme Court case denied parole

Court News 2018/02/16 12:27   Bookmark and Share
A 71-year-old Louisiana inmate whose case led to a landmark U.S. Supreme Court decision on juvenile-offender sentences was denied parole Monday, more than a half-century after he killed a sheriff's deputy at age 17.

A three-member panel from the state parole board voted 2 to 1 to keep Henry Montgomery imprisoned. The hearing was his first chance at freedom since his conviction decades ago and a vote to free him would have had to be unanimous. Montgomery now must wait another two years before he can request another parole hearing.

The Supreme Court's January 2016 decision in Montgomery's case opened the door for roughly 2,000 other juvenile offenders to argue for their release after receiving mandatory life-without-parole sentences.

Montgomery has served 54 years in prison for shooting East Baton Rouge Parish sheriff's deputy Charles Hurt in 1963, less than two weeks after Montgomery's 17th birthday. Last June, a state judge who resentenced Montgomery to life with the possibility of parole called him a "model prisoner" who seemed to be rehabilitated.

Montgomery's lawyers said he has sought to be a positive role model for other prisoners, serving as a coach and trainer for a boxing team he helped form at Louisiana State Penitentiary at Angola.

But the two parole board members who voted against Montgomery questioned why he hadn't accessed more prison programs and services that could have benefited him. One of the panelists, Kenneth Loftin, also said he was disappointed in some of Montgomery's statements during the hearing but didn't elaborate.

James Kuhn, the other board member who voted against Montgomery, noted that the Louisiana Sheriffs' Association submitted a statement opposing his release.

"One of the things that society demands, and police officers certainly demand, is that everyone abide by the rule of law. One of the rules of law is you don't kill somebody, and when you do there's consequences," Kuhn said.
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Court allows Pennsylvania to redraw GOP-favored district map

Court News 2018/02/06 23:36   Bookmark and Share
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, rejected the request from GOP legislative leaders and voters to put on hold an order from the state Supreme Court intended to produce new congressional districts in the coming two weeks.

The Pennsylvania high court ruled last month that the current map of 18 districts violates the state constitution because it unfairly benefits Republicans.

The decision comes just four days before the Republican-controlled Legislature's deadline for submitting a replacement map for Democratic Gov. Tom Wolf to consider. So far, there has been a notable lack of bipartisan movement on getting such a deal.

Pennsylvania's congressional delegation has been 13-5 in favor of Republicans during the three election cycles since the GOP-drawn 2011 map took effect, and experts have said those 13 seats are several more than would have been produced by a nonpartisan map.

Democrats have about 800,000 more registered voters than Republicans and hold all three elected statewide row offices, but Republicans enjoy solid majorities in both chambers of the Legislature.

Under the process laid out two weeks ago by four of the seven Pennsylvania Supreme Court justices, all Democrats, the Legislature has until Friday to approve a new map, after which Wolf will have until Feb. 15 to decide whether to endorse it and submit it to the justices.

Senate Republican Leader Jake Corman said Monday he's had "zero" discussions with Wolf and legislative leaders about new district boundaries and could not guarantee he will meet the deadline.

The state Supreme Court said it expects new districts to be in place by Feb. 19, and the new map is expected to be in play for the May 15 congressional primaries.
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Warrant dropped for professor who spoke Hawaiian in court

Court News 2018/01/29 11:34   Bookmark and Share
A judge dropped an arrest warrant Thursday for a University of Hawaii professor who refused to respond in court to English and spoke Hawaiian instead.

Samuel Kaleikoa Kaeo was in court Wednesday facing a trial for charges connected to his participation in a 2017 protest against the construction of a solar telescope on top of Haleakala, a volcano on Maui, Hawaii News Now reported .

When Judge Blaine Kobayashi asked Kaeo to confirm his identity, he repeatedly responded in Hawaiian instead of English.

Kobayashi said he couldn't understand Kaeo and issued a warrant for Kaeo's arrest, saying "the court is unable to get a definitive determination for the record that the defendant seated in court is Mr. Samuel Kaeo."

Kaeo, an associate professor of Hawaiian Studies at the University of Hawaii Maui College, said he has appeared before the judge before and complained that "it was about the fact that I was speaking Hawaiian that he didn't like."

Kobayashi recalled the bench warrant Thursday, the state Judiciary said in a statement. Judiciary spokesman Andrew Laurence declined to answer questions about the recall, including what prompted it.

Kaeo faces misdemeanor charges of disorderly conduct and obstructing a sidewalk. Kaeo, who also speaks English, requested a Hawaiian interpreter in the courtroom but prosecutors had objected, saying it was an unnecessary expense that would have caused delays.

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Court: Yes, there is doctor-patient confidentiality

Court News 2018/01/26 11:30   Bookmark and Share
Connecticut's highest court has ruled on an issue that most people may think is already settled, saying doctors have a duty to keep patients' medical records confidential and can be sued if they don't.

The Supreme Court's 6-0 decision Thursday overturned a lower court judge who said Connecticut had yet to recognize doctor-patient confidentiality.

The high court's ruling reinstated a lawsuit by former New Canaan resident Emily Byrne against the Avery Center for Obstetrics & Gynecology in Westport.

Byrne, who now lives in Montpelier, Vermont, alleged the doctor's office sent her medical file to a court without her permission — allowing the father of her child to look at it and use the information to harass her.

The Avery Center argued there is no duty for doctors to keep patients' information confidential.

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