Lawyer Blog Post 2019/11/26 12:00
New Mexico Supreme Court Justice Barbara Vigil is asking legislators to boost spending on the state court system.
The Albuquerque Journal reports Vigil joined other court officials Friday in Santa Fe to request an 8.9% increase in appropriations from the state’s general fund.
Vigil says the money would be used to hire five new district judges, expand pretrial services that supervise defendants awaiting trial and improve security, especially for magistrate courts.
If the request is approved, the judiciary will receive about $199 million in the fiscal year that begins in July.
It’s part of a broader state budget expected to exceed $7 billion. Two of the five new judges would be stationed in Albuquerque, and the other three would be based in Santa Fe, Las Cruces and Alamogordo.
Lawyer Blog Post 2019/11/19 19:02
The Supreme Court said Friday it will referee a high-profile copyright dispute between technology giants Oracle and Google. Oracle says it wants nearly $9 billion from Google.
The case stems from Google’s development of its hugely popular Android operating system by using Oracle’s Java programming language. A federal appeals court found that Google unfairly used Java without paying for it, the second appellate ruling in Oracle’s favor. A trial court has yet to assess damages.
The justices agreed to review the appeals court ruling, and arguments are expected early next year. The first Android phone went on sale in 2008 and Google says more than 2 billion mobile devices now use Android.
The dispute stretches back to 2010, when Oracle filed suit over Google’s use of 11,500 lines of Java code. In the first of two trials, a federal judge ruled that so-called “application programming interfaces” (APIs) weren’t protected by copyright.
After the appeals court overturned that ruling, a jury found in a second trial that Google had made “fair use” of the programming code.
“There is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform,” Judge Kathleen O’Malley of the U.S. Court of Appeals for the Federal Circuit wrote in a decision siding with Oracle.
Microsoft was among many parties that urged the Supreme Court to upend the appeals court ruling. The Trump administration, responding to a request from the court for its views, said the justices should stay out of the case.

Lawyer Blog Post 2019/11/04 07:02
Authorities say a woman has been arrested for disorderly conduct after creating a messy situation in the courthouse parking lot in the town of Maricopa.
Police say Tally Leto allegedly poured alcohol into the vehicle of a court client, let the air out of the man's tires and spat on the windows before wiping them off.
The owner of the vehicle didn't want to prosecute Leto. But the court chose to press charges because Leto was on court property in the parking lot.
As a result of being arrested last Monday, Leto failed to appear for her two criminal cases scheduled for later that day at Western Pinal Justice Court.
The Maricopa Monitor reports that the two charges Leto was attending court for were criminal trespassing and disorderly conduct.
Lawyer Blog Post 2019/11/02 10:04
When a court case is ending, a judge often lists what a defendant needs to do and know.
It can include contacting a probation agent, not possessing a gun or avoiding the use of drugs or alcohol.
One routine item usually on the list is paying court costs, which can total hundreds of dollars or more. Failing to pay could land the defendant in jail.
Orders to jail for nonpayment are called arrest warrant commitments, authorizing "that a defendant be arrested and detained until a fine is paid or discharged by due course of law," according to Rock County's website .
"A lot of this happens outside of anybody's view," said Eric Nelson, a recently retired assistant public defender who worked in Rock County for nearly 40 years.
"Broadly speaking, it's a debtor's prison," he told The Janesville Gazette. It's coming to an end. All seven Rock County circuit judges recently signed an order that should substantially cut the number of people put in jail because they can't pay such fines.
The result should be fewer people incarcerated only because they're poor.

Lawyer Blog Post 2019/10/27 07:04
After revelations of Russian meddling in the 2016 presidential election, Maryland legislators passed a law that many believe has a laudable purpose: preventing foreign interference in local elections.
But its sweeping scope sparked a First Amendment outcry from more than a half dozen newspapers, including The Washington Post and The Baltimore Sun.
Now, a federal appeals court is being asked to decide whether the law goes too far. The 4th U.S. Circuit Court of Appeals is set to hear arguments in the case Wednesday.
The newspapers and the Maryland-Delaware-D.C. Press Association argue in a lawsuit that the statute violates the First Amendment because it requires them to collect and self-publish information about the sponsors of online political ads. It also requires them to keep records of the ads for inspection by the state Board of Elections.
U.S. District Judge Paul Grimm ruled in January that parts of the law appear to encroach on the First Amendment and granted a preliminary injunction to prevent the state from enforcing those provisions.
At issue is a requirement for online platforms to create a database identifying the purchasers of online political ads and how much they spend. The law, written to catch ads in smaller state and local elections, applies to digital platforms with 100,000 or more monthly U.S. visitors.

Lawyer Blog Post 2019/10/21 20:35
WikiLeaks founder Julian Assange appeared in a U.K. court Monday to fight extradition to the United States on espionage charges, and he lost a bid to delay proceedings so that his legal team would have more time to prepare his case.
Assange defiantly raised a fist to supporters who jammed the public gallery in Westminster Magistrates Court for a rare view of their hero. He appears to have lost weight but looked healthy, although he spoke very softly and at times seemed despondent and confused.
Assange and his legal team failed to convince District Judge Vanessa Baraitser that a delay in the already slow-moving case was justified. The full extradition is still set for a five-day hearing in late February, with brief interim hearings in November and December.
Assange hadn’t been seen in public for several months and his supporters had raised concerns about his well-being. He wore a blue sweater and a blue sports suit for the hearing, and had his silvery-gray hair slicked back.
After the judge turned down his bid for a three-month delay, Assange said in halting tones he didn’t understand the events in court.
