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Kavanaugh predicts ‘concrete steps soon’ to address ethics concerns
Attorney News | 2023/09/08 18:23

Supreme Court Justice Brett Kavanaugh told a judicial conference on Thursday he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute an official code of conduct.

“We can increase confidence. We’re working on that,” Kavanaugh told the conference attended by judges, attorneys and other court personnel in Ohio. He said all nine justices recognize that public confidence in the court is important, particularly now.

Public trust in the court is at a 50-year low following a series of divisive rulings, including the overturning of Roe v. Wade federal abortion protections last year, and published reports about the justices’ undisclosed paid trips and other ethical concerns.

“There’s a storm around us in the political world and the world at large in America,” Kavanaugh said. “We, as judges and the legal system, need to try to be a little more, I think, of the calm in the storm.”

Justice Clarence Thomas acknowledged recently that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow even as he rejected criticism over his failure to report trips in previous years.

Reporting by the investigative news site ProPublica also revealed that Justice Samuel Alito failed to disclose a private trip to Alaska he took in 2008 that was paid for by two wealthy Republican donors, one of whom repeatedly had interests before the court.


Ex-Catholic Cardinal McCarrick, age 93, found unfit to stand trial
Attorney News | 2023/08/31 18:58

The once-powerful Roman Catholic Cardinal Theodore McCarrick will not stand trial on charges he sexually assaulted a teenage boy decades ago, as a Massachusetts judge dismissed the case against the 93-year-old on Wednesday because both prosecutors and defense attorneys agree he is experiencing dementia.

McCarrick, the ex-archbishop of Washington, D.C., was defrocked by Pope Francis in 2019 after an internal Vatican investigation determined he sexually molested adults as well as children. The McCarrick scandal created a crisis of credibility for the church, primarily because there was evidence Vatican and U.S. church leaders knew he slept with seminarians but turned a blind eye as McCarrick rose to the top of the U.S. church as an adept fundraiser who advised three popes.

During Wednesday’s hearing, Dr. Kerry Nelligan, a psychologist hired by the prosecution, said she found significant deficits in McCarrick’s memory during two interviews in June, and he was often unable to recall what they had discussed from one hour to the next. As with any form of dementia, she said there are no medications that could improve the symptoms.

“It’s not just that he currently has these deficits,” Nelligan said. “There is no way they are going to get better.” Without being able to remember discussions, he could not participate with his lawyers in his defense, she said.

McCarrick appeared via a video link during the hearing. He was slightly slumped in his chair wearing a light green shirt and what appeared to be a grey sweater vest or sweater around his shoulders. He did not speak during the hearing.

The once-powerful American prelate faced charges that he abused the teenage boy at a wedding reception at Wellesley College in 1974.

McCarrick has maintained his innocence and pleaded not guilty in September 2021. He was also charged in April with sexually assaulting an 18-year-old man in Wisconsin more than 45 years ago.

In February, McCarrick’s attorneys asked the court to dismiss the case, saying a professor of psychiatry and behavioral science at the Johns Hopkins University School of Medicine had examined him and concluded that he has dementia, likely Alzheimer’s disease.

At that time, lawyers said McCarrick had a “limited understanding” of the criminal proceedings against him.


Hawaii power utility takes responsibility for first fire on Maui
Attorney News | 2023/08/28 21:32

Hawaii’s electric utility acknowledged its power lines started a wildfire on Maui but faulted county firefighters for declaring the blaze contained and leaving the scene, only to have a second wildfire break out nearby and become the deadliest in the U.S. in more than a century.

Hawaiian Electric Company released a statement Sunday night in response to Maui County’s lawsuit blaming the utility for failing to shut off power despite exceptionally high winds and dry conditions. Hawaiian Electric called that complaint “factually and legally irresponsible,” and said its power lines in West Maui had been de-energized for more than six hours before the second blaze started.

In its statement, the utility addressed the cause for the first time. It said the fire on the morning of Aug. 8 “appears to have been caused by power lines that fell in high winds.” The Associated Press reported Saturday that bare electrical wire that could spark on contact and leaning poles on Maui were the possible cause.

But Hawaiian Electric appeared to blame Maui County for most of the devastation — the fact that the fire appeared to reignite that afternoon and tore through downtown Lahaina, killing at least 115 people and destroying 2,000 structures.

Neither a county spokesperson and nor its lawyers immediately responded to a request for comment early Monday about Hawaiian Electric’s statement.

The Maui County Fire Department responded to the morning fire, reported it was “100% contained,” left the scene and later declared it had been “extinguished,” Hawaiian Electric said.

Hawaiian Electric said its crews then went to the scene to make repairs and did not see fire, smoke or embers. The power to the area was off. Around 3 p.m., those crews saw a small fire in a nearby field and called 911.

Hawaiian Electric rejected the basis of the Maui County lawsuit, saying its power lines had been de-energized for more than six hours by that time, and the cause of the afternoon fire has not been determined.


Opponents of Maine’s new abortion law won’t seek to nullify it
Attorney News | 2023/08/14 17:21

Groups opposed to Maine’s new law expanding abortion access won’t attempt to nullify the statute through a so-called People’s Veto referendum.

Republican Rep. Laurel Libby, leader of the Speak Up for LIFE group, said Wednesday that allies have decided to focus their resources on electing candidates who are opposed to abortions instead of collecting signatures and running a referendum campaign.

“At the end of the day, we want to put our effort into the most effective place possible,” Libby, a Republican from Auburn, told The Associated Press. That means flipping legislative seats, she said, particularly in the Maine House.

Wednesday marked the deadline to notify state officials of a People’s Veto, a constitutional provision allowing citizens to repeal legislation through a statewide vote. To move forward, more than 67,000 signatures would have been needed.

Mills presented the bill expanding abortion access after a Yarmouth woman came forward with her story about having to travel to Colorado for an abortion after learning at week 32 of her pregnancy that her unborn son had a fatal condition that would not allow him to survive.

Critics said the law’s language was broader than necessary if the goal was simply to allow abortions in instances of a fatal fetal anomaly later in a pregnancy. They also said the bill put too much power in the hands of doctors.

Passage was considered a foregone conclusion in the Legislature where Democrats controlled both chambers, and there were enough co-sponsors to ensure passage. But the vote was close in the House after emotional testimony.

Beside Maine, six states leave the decision to get an abortion to doctors and their patients, without restrictions. They are Alaska, Colorado, New Jersey, New Mexico, Oregon and Vermont, plus Washington, D.C.


Russian court imposes 3- to 6-year sentences for distributing tainted drinks
Attorney News | 2023/08/07 20:25

A Russian court on Monday sentenced seven defendants to as little as three years in prison for distributing methanol-tainted drinks that killed 44 people.

The court in Yekaterinburg, Russia’s fourth-largest city, convicted the seven of charges including sale of goods that do not meet safety requirements and result in the deaths of two or more people; sentences ran from three to six years.

Prosecutors said the seven had illegally sold alcohol since 2020 and that in 2021 they sold drinks containing excessive amounts of methanol, which is commonly used as a solvent. A total of 51 people were sickened by the drinks, of whom 44 died.


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