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Spain court rejects handing pedophile to Morocco
Court Watch | 2013/11/18 23:59

Spain's National Court has ruled against extraditing back to Morocco a convicted Spanish pedophile whose release triggered protests in the North African country.

A court statement Monday said Daniel Galvan Vina would not be handed back because under a bilateral agreement Spain and Morocco do not extradite their citizens to each other. The court said, however, it would begin a process to ensure that Galvan serves out his sentence in a Spanish jail, something the convict had originally asked for.

Galvan was convicted of raping 11 children in Morocco and sentenced to 30 years prison in 2011. He was mistakenly pardoned by Morocco's King Mohammed VI in July but was arrested in Spain days later after the king rescinded his pardon following the protests.


High court wrestles with prayer in government
Court Watch | 2013/11/08 22:19

The Supreme Court wrestled Wednesday with the appropriate role for religion in government in a case involving mainly Christian prayers at the start of a New York town's council meetings.

The justices began their day with the marshal's customary plea that "God save the United States and this honorable court." They then plunged into a lively give-and-take that highlighted the sensitive nature of offering religious invocations in public proceedings that don't appeal to everyone and governments' efforts to police the practice.

The court is weighing a federal appeals court ruling that said the Rochester suburb of Greece, N.Y., violated the Constitution because nearly every prayer in an 11-year span was overtly Christian.

The tenor of the argument indicated the justices would not agree with the appellate ruling. But it was not clear what decision they might come to instead.

Justice Elena Kagan summed up the difficult task before the court when she noted that "every time the court gets involved in things like this, it seems to make the problem worse rather than better."

The justices tried out several approaches to the issue, including one suggested by the two Greece residents who sued over the prayers to eliminate explicit references to any religion.



Justice's wheels slowed as shutdown hits courts
Court Watch | 2013/10/14 20:20

The government shutdown is slowing the wheels of justice in federal courts by delaying civil cases, forcing prosecutors to operate with skeleton staffs and raising uncertainty about the system's immediate future if the stalemate continues past Thursday.

That's when federal courts officials expect the reserve funds they have been using since the Oct. 1 start of the shutdown will run out.

Criminal cases, which are required by law to go to a speedy trial, are still moving ahead, as are most bankruptcy cases and appeals. Civil cases and those in immigration court, however, are feeling the greatest impact from the shutdown.

"The Constitution tells us what we have to do and we can't control our workload. It walks in the door, whether we're funded or not funded," said U.S. District Court Chief Judge Loretta Preska in New York, who has put all civil cases except those already in trial on hold at the request of the U.S. Attorney there.

She said the nearly 450 district court employees that serve the New York metro area will report to work to keep criminal cases on track even if funds run out. Officials at courts based in San Francisco, Philadelphia and St. Louis, Mo., also say their employees will work.


PG&E starts pipeline shutdown under court order
Court Watch | 2013/10/07 17:16

Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.

The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.

A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."

The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.

PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order.


Court: Right-to-work law applies to state workers
Court Watch | 2013/08/21 21:47

Michigan's right-to-work law applies to 35,000 state employees, a divided state appeals court ruled Thursday in the first major legal decision on the much-debated measure eight months after it passed.

Judges voted 2-1 to reject a lawsuit filed by unionized workers who make up more than two-thirds of all state employees. In a state with a heavier presence of organized labor than most, thousands of protesters came to the Capitol late last year as the Republican-backed measure won quick approval in a lame-duck session.

The law prohibits forcing public and private workers in Michigan to pay union dues or fees as a condition of employment, and applies to labor contracts extended or renewed after late March. It went to court after questions were raised whether it can affect state employees, since the Michigan Civil Service Commission, which sets compensation for state employees, has separate powers under the state constitution.

The court's majority said legislators have broad authority to pass laws dealing with conditions of "all" employment while the panel has narrow power to regulate conditions of civil service employment.

"In light of the First Amendment rights at stake, the Michigan Legislature has made the policy decision to settle the matter by giving all employees the right to choose," Judges Henry Saad and Pat Donofrio wrote, adding that legislators decided to "remove politics from public employment and to end all inquiry or debate about how public sector union fees are spent."

Dissenting Judge Elizabeth Gleicher said the court's decision strips the civil service panel of its "regulatory supremacy" clearly laid out in the constitution, which allows the four-member commission to regulate "all conditions of employment" for civil service workers.


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