Court fines Washington state over education funding

Headline Legal News 2015/08/14 08:58   Bookmark and Share
Washington officials are considering a special legislative session after the state Supreme Court issued daily fines a of $100,000 until lawmakers comply with a court order to improve the way the state pays for its basic education system.
 
Thursday's order, signed by all nine justices of the high court, ordered that the fine start immediately, and be put into a dedicated education account.

The court encouraged Gov. Jay Inslee to call a special session, saying that if the Legislature complies with the court's previous rulings for the state to deliver a plan to fully fund education, the penalties accrued during a special session would be refunded.

Inslee and legislative leaders are set to meet Monday in Seattle discuss what next steps the state should take.

"There is much that needs to be done before a special session can be called," Inslee said in a statement. "I will ask lawmakers to do that work as quickly as humanly possible so that they can step up to our constitutional and moral obligations to our children and lift the court sanctions."

The ruling was the latest development in a long-running impasse between lawmakers and justices, who in 2012 ruled that the state is failing to meet its constitutional duty to pay for the cost of basic education for its 1 million schoolchildren.

Thomas Ahearne, an attorney for the plaintiffs, said that the court's action "is long overdue."

"The state has known for many, many years that it's violating the constitutional rights of our public school kids," Ahearne said. "And the state has been told by the court in rulings in this case to fix it, and the state has just been dillydallying along."

The lawsuit against the state was brought by a coalition of school districts, parents, teachers and education groups — known as the McCleary case for the family named in the suit.

In its original ruling, and repeated in later follow-up rulings, the justices have told the Legislature to find a way to pay for the reforms and programs they had already adopted, including all-day kindergarten, smaller class sizes, student transportation and classroom supplies, and to fix the state's overreliance on local tax levies to pay for education. Relying heavily on local tax levies leads to big disparities in funding between school districts, experts say.
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Appeals court won't reconsider ex-Virginia governor's case

Headline Legal News 2015/08/13 23:35   Bookmark and Share
A federal appeals court on Tuesday declined to review the case of former Virginia Gov. Bob McDonnell, letting his convictions on public corruption charges stand.

A three-judge panel of the 4th U.S. Circuit Court of Appeals had unanimously upheld McDonnell's convictions in July. In its brief order on Tuesday, the full 15-member court said it won't reconsider that panel's ruling.

Eight judges voted against rehearing McDonnell's case, and seven others "deeming themselves disqualified, did not participate," the order said.

A jury in September found McDonnell and his wife, Maureen, guilty of doing favors for wealthy vitamin executive Jonnie Williams in exchange for more than $165,000 in gifts and loans.

The former Republican governor, once widely considered a possible running mate for presidential candidate Mitt Romney, was convicted of 11 counts and was sentenced to two years in prison. His wife was sentenced to one year and one day on eight counts. Both have been free while they pursue separate appeals.

It's unclear whether Bob McDonnell will now be required to report to prison. He can still appeal his convictions to the U.S. Supreme Court.

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Wife says Chinese rights lawyer being denied legal counsel

Headline Legal News 2015/07/20 09:30   Bookmark and Share
A prominent Chinese rights lawyer whose trial is drawing near on charges of inciting ethnic hatred and provoking trouble has been denied access to lawyers for nearly a month, his wife and one of his attorneys said Monday.

Meng Qun, wife of Pu Zhiqiang, raised the concern in an open letter addressed to the leadership of the Beijing detention center where her husband is being held, urging authorities to honor China's own rules to allow Pu access to lawyers.

One of Pu's attorneys, Shang Baojun, confirmed that Pu last met his lawyers on June 23 and verified the authenticity of Meng's letter.

Pu is widely believed to be politically persecuted amid Beijing's crackdown on civil society. The charges stem from his online posts that questioned China's ethnic policies in the wake of deadly violence involving ethnic minority Uighurs, and others that mocked several political figures.

He was taken away in May 2014 and was indicted on May 15 this year, after one year in detention.

Shang said he expects a Beijing court to hold Pu's trial soon, because by law Chinese courts have three months from the indictment to hold a trial and issue a verdict, but the authorities have not yet announced a date.








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Marijuana opponents using racketeering law to fight industry

Headline Legal News 2015/07/16 09:08   Bookmark and Share
A federal law crafted to fight the mob is giving marijuana opponents a new strategy in their battle to stop the expanding industry: racketeering lawsuits.

A Colorado pot shop recently closed after a Washington-based group opposed to legal marijuana sued not just the pot shop but a laundry list of firms doing business with it — from its landlord and accountant to the Iowa bonding company guaranteeing its tax payments. One by one, many of the defendants agreed to stop doing business with Medical Marijuana of the Rockies, until the mountain shop closed its doors and had to sell off its pot at fire-sale prices.

With another lawsuit pending in southern Colorado, the cases represent a new approach to fighting marijuana. If the federal government won't stop its expansion, pot opponents say, federal racketeering lawsuits could. Marijuana may be legal under state law, but federal drug law still considers any marijuana business organized crime.

"It is still illegal to cultivate, sell or possess marijuana under federal law," said Brian Barnes, lawyer for Safe Streets Alliance, a Washington-based anti-crime group that brought the lawsuits on behalf of neighbors of the two Colorado pot businesses.


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Michael Jackson’s doctor pleads not guilty

Headline Legal News 2015/07/06 14:31   Bookmark and Share
Michael Jackson’s doctor pleaded not guilty Monday to involuntary manslaughter in the death of the pop star at a brief hearing that had all the trappings of another sensational celebrity courtroom drama.

Dr. Conrad Murray, accused of giving Jackson a fatal dose of an anesthetic to help him sleep, appeared in court in a gray suit and burgundy tie as Jackson’s father Joe, mother Katherine, and siblings LaToya, Jermaine, Tito, Jackie and Randy watched from courtroom seats behind prosecutors.

Neither Murray nor the Jacksons showed much emotion as the six-foot-five Murray entered his plea through his attorney Ed Chernoff, but as he emerged from court, Joe Jackson declared, “My son was murdered.”

“We need justice,” he added before leaving with family members in a fleet of Cadillac Escalades.

On Monday night, Joe Jackson told CNN’s Larry King that he doesn’t believe Murray is the only person responsible for his son’s death. “To me, he’s just the fall guy. There’s other people I think involved with this whole thing,” Joe Jackson said, without elaborating.

Joe Jackson also told King his son believed his life was in danger. “Michael said it himself that he would be killed,” Joe Jackson said. “He even told his kids that he would be murdered.”

Earlier, several people shouted “murderer” as Murray walked past a crowd of hundreds of reporters and Jackson fans on his way to a courthouse adjacent to Los Angeles International Airport. Others held signs urging “Justice For Michael.”

Murray, 56, a Houston cardiologist who was with Jackson when he died June 25, entered his plea just hours after he was charged.

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High court won't hear Nevada patient dumping case

Headline Legal News 2015/07/01 14:32   Bookmark and Share
The Supreme Court won't hear an appeal from Nevada over a lawsuit that claims the state wrongfully bused indigent psychiatric patients to San Francisco without paying the costs of their medical care.
   
The justices on Tuesday let stand a lower court decision that said California state courts have authority to hear the case challenging Nevada's discharge policies.

San Francisco is seeking $500,000 in reimbursement costs for treating 29 patients who were given vouchers for one-way bus tickets to California. It also wants an order barring Nevada from sending over any more patients.

A California Superior Court judge ruled that Nevada could be sued in California because it knew San Francisco would have to spend money on the patients.

Nevada claims the lawsuit interferes with its sovereign powers.

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