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Candidate filing begins Monday for appeals court seat
Court Line | 2016/07/11 17:34

Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.

The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.



Court orders release of Chicago police disciplinary records
Court Line | 2016/07/08 17:35

An Illinois appeals court on Friday vacated an injunction obtained by the Chicago police union that barred the city's release of disciplinary files dating back decades.

The Fraternal Order of Police sued to block the release after a March 2014 appellate court ruling that documents dating back to 1967 should be made public. Several news outlets had requested the records.

As a result of the 2014 ruling, the Invisible Institute, a nonprofit journalism organization, obtained 11 years of records and published an interactive database of police misconduct.

Last year, Cook County Circuit Judge Peter Flynn issued an injunction based a clause in the union's bargaining contract requiring the destruction of public records after four years. The union also claimed releasing the documents would unfairly harm the officers named in the citizen complaints.

The union contends police officers are susceptible to false complaints, and reports that go unsubstantiated should not have an indefinite shelf life. The city of Chicago appealed the injunction.

In its ruling Friday, the appeals court confirmed the records must be released under Freedom of Information Act laws. The court also ruled the union contract clause requiring the destruction of disciplinary records after four years was "legally unenforceable" because it conflicted with the state's public records law.

FOP President Dean Angelo Sr. declined to comment on the ruling, saying he had not yet read it.


Thai military court adds to singer's jail term for insults
Court Line | 2016/07/08 17:34

A Thai country singer and political activist was sentenced Monday by a military court to more than three years in jail for insulting the monarchy, adding to a 7½-year sentence a criminal court imposed on him earlier for the same offense.

Thanat Thanawatcharanon, known by his stage name Tom Dundee, was convicted and sentenced under Article 112, which makes criticism of the monarchy and the king punishable with up to 15 years in jail. The lese majeste law has been used prodigiously by the military government that came to power in a May 2014 coup.

Thanat got into trouble because of the speeches he made in 2013 at a rally organized by the so-called Red Shirts, who are supporters of a charismatic prime minister ousted in an earlier military coup supported by the Yellow Shirt royalists.

The case in criminal court followed complaints by a Yellow Shirt group. The second case involving the same speeches was transferred to a military court after the 2014 coup.

Thanat's lawyer Saowalux Po-Ngam said his client was sentenced to five years in jail for the second case, but the time was reduced to three years and four months because he confessed.


Obama rebukes Poland over paralysis of constitutional court
Court Watch | 2016/07/02 17:35

U.S. President Barack Obama expressed concern Friday about the state of democracy in Poland, publicly rebuking a right-wing government that has paralyzed the constitutional court and taken steps to control state run media.

Obama said he shared his worries with Polish President Andrzej Duda in a one-on-one meeting before the opening of a NATO summit in Warsaw.

"I expressed to President Duda our concerns about certain actions and the impasse around Poland's constitutional tribunal," Obama told reporters. "I insisted that we are very respectful of Poland's sovereignty and I recognized that parliament is working on legislation to take important steps but more needs to be done."

Poland has been stuck for months in controversy over the 15-member Constitutional Tribunal, a body that rules on the constitutionality of legislation, playing a role similar to that of the U.S. Supreme Court. The dispute concerns both appointments to the court and the rules that govern how it functions.

Opponents say the government's actions undermine democracy and have held several large street protests in recent months. The government's leaders say it is only trying to correct an imbalance, with appointments by the previous centrist government dominating the court.



Court upholds net neutrality rules on equal internet access
Court Line | 2016/06/14 18:06

A federal appeals court on Tuesday upheld the government's "net neutrality" rules that require internet providers to treat all web traffic equally.

The 2-1 ruling from the U.S. Court of Appeals for the District of Columbia Circuit is a win for the Obama administration, consumer groups and content companies such as Netflix that want to prevent online content from being blocked or channeled into fast and slow lanes.

The rules treat broadband service like a public utility and prevent internet service providers from offering preferential treatment to sites that pay for faster service.

The Federal Communications Commission argued that the rules are crucial for allowing customers to go anywhere on the internet without a provider favoring its own service over that of other competitors. The FCC's move to reclassify broadband came after President Barack Obama publicly urged the commission to protect consumers by regulating internet service as it does other public utilities.

Cable and telecom opponents argue the new rules will prevent them from recovering costs for connecting to broadband hogs like Netflix that generate a huge amount of internet traffic. Providers like Comcast, Verizon and AT&T say the rules threaten innovation and undermine investment in broadband infrastructure.

But Judges David Tatel and Sri Srinivasan denied all challenges to the new rules, including claims that the FCC could not reclassify mobile broadband as a common carrier. That extends the reach of the new rules as more people view content on mobile devices.



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