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Dispute over union fees could return to Supreme Court
Legal News |
2015/06/24 16:07
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Powerful public-sector unions are facing another high-profile legal challenge that they say could wipe away millions from their bank accounts and make it tougher to survive.
A group of California schoolteachers, backed by a conservative group, wants the Supreme Court to rule that unions representing government workers can't collect fees from those who choose not to join.
Half the states currently require state workers represented by a union to pay "fair share" fees covering bargaining costs, even if they are not members. The justices could decide as soon as next week whether to take the case.
Union opponents say it violates the First Amendment to require fees from nonmembers that may go to causes they don't support. They want the high court to overturn a 38-year-old precedent allowing the fees.
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Illinois high court: Comcast must reveal anonymous commenter
Court Watch |
2015/06/22 21:50
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The Illinois Supreme Court has affirmed a lower court opinion ordering Comcast Cable Communications to identify a subscriber who posted an anonymous message suggesting a political candidate molests children.
The court said Thursday that the internet service provider must identify the subscriber who commented on a 2011 article in the Freeport Journal Standard about Bill Hadley's candidacy for the Stephenson County board.
The commenter, who used the online name "Fuboy," wrote that "Hadley is a Sandusky waiting to be exposed" because he can see an elementary school from his home. The comment was an apparent reference to former Penn State football coach Jerry Sandusky who was convicted of child sex abuse in 2012.
Hadley filed a defamation lawsuit against the commenter and subpoenaed Comcast demanding that it identify the subscriber.
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Texas turns away from criminal truancy courts for students
Court Line |
2015/06/20 21:50
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A long-standing Texas law that has sent about 100,000 students a year to criminal court — and some to jail — for missing school is off the books, though a Justice Department investigation into one county's truancy courts continues.
Gov. Greg Abbott has signed into law a measure to decriminalize unexcused absences and require school districts to implement preventive measures. It will take effect Sept. 1.
Reform advocates say the threat of a heavy fine — up to $500 plus court costs — and a criminal record wasn't keeping children in school and was sending those who couldn't pay into a criminal justice system spiral. Under the old law, students as young as 12 could be ordered to court for three unexcused absences in four weeks. Schools were required to file a misdemeanor failure to attend school charge against students with more than 10 unexcused absences in six months. And unpaid fines landed some students behind bars when they turned 17.
"Most of the truancy issues involve hardships," state Sen. John Whitmire, D-Houston, said. "To criminalize the hardships just doesn't solve anything. It costs largely low-income families. It doesn't address the root causes."
Only two states in the U.S. — Texas and Wyoming — send truants to adult criminal court. In 2013, Texas prosecuted about 115,000 cases, more than twice the number of truancy cases filed in juvenile courts of all other states, according to a report from the nonprofit advocacy group Texas Appleseed. An estimated $10 million was collected from court costs and fines from students for truancy in fiscal year 2014 alone, the Texas Office of Court Administration said.
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Man pleads guilty to charge over noose on Ole Miss statue
Legal Focuses |
2015/06/18 21:49
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A federal prosecutor said in court Thursday that Graeme Phillip Harris hatched a plan, after a night of drinking at a University of Mississippi fraternity house, to hang a noose on a campus statue of James Meredith, the first black student at Ole Miss.
Harris, who is white, pleaded guilty Thursday to a misdemeanor charge of threatening force to intimidate African-American students and employees at the university. Prosecutors agreed to drop a stiffer felony charge in exchange for the plea arising from the incident last year.
The 20-year-old Harris faces up to a year in jail and a fine of up to $100,000. U.S. District Judge Michael Mills said sentencing will be within 60 to 90 days, and he allowed Harris to remain free on a $10,000 bond.
Assistant U.S. Attorney Bob Norman told Mills that Harris, who had a history of using racist language and saying African Americans were inferior to whites, proposed the plan to two fellow freshmen while at the Sigma Phi Epsilon fraternity house on the night of Feb 15, 2014.
That led to the plan to hang the noose and a former Georgia state flag that features the Confederate battle flag on the statue of Meredith, in a jab at Ole Miss' thorny racial history.
When a federal court ordered the university to admit Meredith in 1962, the African-American student had to be escorted onto campus by armed federal agents. The agents were attacked during an all-night riot that claimed two lives and was ultimately quelled by federal troops.
After the noose and flag were placed on the statue, Norman said Harris and one of the other freshmen returned at sunrise on Feb. 16 to observe and were filmed by a video camera at the Ole Miss student union.
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600 court cases under review in California corruption probe
Court Watch |
2015/06/14 00:25
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Hundreds of Orange County court cases are being scrutinized amid suspicions that someone was paid to fix DUI and other traffic violations by falsifying court records.
The FBI and county prosecutors are investigating, and about 600 Superior Court cases, some dating to 2006, are going before a judge this month to determine whether they should be reheard, the Orange County Register reported.
The probe involves suspicions that some employees recorded fake sentence reductions and dismissals for drunken driving and misdemeanor traffic cases and in at least one case, falsely made it appear a defendant had served jail time, the Register reported.
No arrests have been made. Representatives for the FBI, the court and the county district attorney's office declined to comment.
On Friday, 110 attorneys and former criminal defendants were summoned to the courtroom of Judge Thomas Borris and told there were errors in the court records. "You are here to convince me there is not a mistake in your case," Borris said.
"There has been a clerk somewhere that was entering false information ... getting cash in exchange for making stuff disappear," said Sheny Gutierrez, one of the attorneys who appeared.
Ramon Vasquez said he was given a work program in 2012 after pleading guilty to driving on a suspended license. The judge said the case would be undone unless he produced documents, the Register said.
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