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Democrats sue to overturn new Kansas congressional districts
Legal Focuses |
2022/02/14 22:11
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Democrats sued Kansas officials on Monday over a Republican redistricting law that costs the state’s only Democrat in Congress some of the territory in her Kansas City-area district that she carries by wide margins in elections.
A team of attorneys led by Democratic attorney Marc Elias’ firm filed the lawsuit in Wyandotte County District Court in the Kansas City area. Elias has been involved in lawsuits in multiple states, including Georgia, North Carolina and Ohio, and he promised that the new Kansas map would be challenged when the GOP-controlled Legislature on Wednesday overrode Democratic Gov. Laura Kelly’s veto of it.
The lawsuit was filed on behalf of five voters and a Kansas voting-rights group, Loud Light. The defendants are the elections commissioner for Kansas City, Kansas, and Kansas Secretary of State Scott Schwab, the state’s top elections official.
Kansas is part of a broader national battle over redrawing congressional districts. Republicans hope to recapture a U.S. House majority in this year’s elections, and both parties are watching states’ redistricting efforts because they could help either pick up or defend individual seats.
The Kansas redistricting law removes the northern part of Kansas City, Kansas, from the 3rd District that U.S. Rep. Sharice Davids represents and puts it in the neighboring 2nd District, which includes the state capital of Topeka but also rural communities across eastern Kansas. Kansas City is among Republican-leaning Kansas’ few Democratic strongholds.
Elias has said the GOP map for Kansas is “blatantly unconstitutional.” Democrats argued that it amounts to partisan gerrymandering aimed at costing Davids’ her seat, while diluting the clout of Black and Hispanic voters by cutting their numbers in her district. They also have argued that the map is unacceptable because it fails to keep the core of the state’s side of the Kansas City area in a single district.
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Appeals court: Illinois counties must end ICE contracts
Legal Focuses |
2022/01/15 05:43
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A federal appeals court has ruled two counties that hold immigrant detainees at local jails must terminate contracts with federal authorities starting Thursday.
Leaders in Kankakee and McHenry counties sued over an Illinois law aimed at ending immigration detention in the state by Jan. 1 and lost. But they were allowed to delay while on appeal.
In the ruling, the 7th U.S. Circuit Court of Appeals said the counties hadn’t made their case.
“We conclude that the counties have not made a ‘strong showing’ that they are likely to succeed on the merits,” the three-judge panel concluded.
Roughly 100 detainees remain at the jails. Winding down the contracts is expected to take a few weeks.
The Illinois law has been celebrated by immigrant rights activists who say detaining people awaiting immigration hearings is inhumane and costly. They’re pushing to release detainees instead of transferring them elsewhere.
Last year, downstate Pulaski County cleared its jail of immigrant detainees. Court records show 15 were released. Dozens of others were transferred to Kansas and the two Illinois facilities.
Officials in McHenry and Kankakee counties, who didn’t return messages Thursday, have previously said they’d continue to appeal. They say the contracts are lucrative and argue that ending them simply transfers detainees further from their families.
U.S. Immigration and Customs Enforcement didn’t return a message Thursday.
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Partisan letters cost long-serving Alaska magistrate his job
Legal Focuses |
2022/01/11 19:05
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The longest serving magistrate in Alaska is no longer on the bench after writing letters to the editor critical of the Republican party.
Former Seward Magistrate George Peck wrote four letters to the editor of the Anchorage Daily News, the latest in December which claimed the Republican party “is actively trying to steer the U.S. into an authoritarian kleptocracy.”
The other letters written since 2019 have been critical of former President Donald Trump and Alaska Gov. Mike Dunleavy, both Republicans, and the GOP, the Anchorage Daily News reported.
Peck did not note his judicial position when signing in the letters, and there have been no complaints filed against him. However, his supervisor, Anchorage Superior Court Judge William Morse, ordered the court’s human resources department to investigate.
Morse said in a formal decision last Wednesday that Peck’s letter was in violation of Alaska’s code of judicial conduct.
“As a magistrate judge, the public entrusts you to decide cases with the utmost fairness, independence and impartiality. The power of your own voice, even when expressed off the bench, can become inextricably tied to your position, especially in a small community where you are the sole judicial officer,” Morse said.
When the 81-year-old Peck was informed Wednesday that he would be fired two days later, he instead immediately submitted his resignation and worked his last day Thursday.
Peck told the Anchorage newspaper that he doesn’t regret the letter and said he was just “stating a fact that the Republican Party tried to overturn the election, which I think most people agree on.”
He also doesn’t blame the juridical system for forcing him out.
“Clearly, they were justified in doing what they’re doing,” Peck said. “I just think they could have found a little better way to do it, but that’s up to them.”
Peck began working as a magistrate judge in 1976 and retired from full-time work in 2016. The court system kept him working on a temporary, part-time basis.
Magistrates oversee minor judicial matters in the court system, such as traffic violations, small-claims cases and time-sensitive matters, such as search warrants and domestic violence cases.
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Cobb County jury trials paused as COVID-19 spreads
Legal Focuses |
2022/01/09 04:02
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As COVID-19 cases continue rising across the state of Georgia, the court system in one of its counties has decided to pause jury trials.
Cobb County Superior Court Judge Robert D. Leonard issued an order Monday to cancel trial jurors through Jan. 21, WSB-TV reported.
“I did not make this decision lightly,” Leonard said. “We must keep in mind that jury service compels people of all walks of life, with all health conditions and vaccination status to attend court. Additionally, the likelihood of successfully getting through a lengthy jury trial when our community spread is at this record level is slim.”
According to the Georgia Department of Public Health, 11,902 cases of COVID-19 have been reported in Cobb County in the last two weeks.
Jury trials across Georgia were paused for much of the pandemic. Trials in Cobb County ultimately resumed last April.
Leonard also said that the State Court of Cobb County will be undertaking the same measures.
Grand jury proceedings will not be affected.
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Appeals court upholds mask requirement for Knox schools
Legal Focuses |
2021/12/21 18:42
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A federal appeals court has upheld the mask requirement for Knox County Schools.
A U.S. Court of Appeals for the 6th Circuit panel on Monday denied the school board’s request to pause the mask requirement while the issue is debated in court, the Knoxville News Sentinel reported.
U.S. District Judge J. Ronnie Greer ruled in September the school system must adopt a mask mandate to help protect children with health problems more susceptible to the coronavirus pandemic.
Knox County Schools argued virtual classes are a reasonable accommodation, but children attend at home and must be supervised.
“Like the district court, we are not persuaded that virtual schooling is a reasonable alternative to universal masking,” the appeals court wrote. The full appeal of the Knox County case will be heard at a later date, the newspaper reported.
Knox County adopted a mask mandate during the 2020-21 school year but chose not to this year despite COVID-19 numbers that remained high. Public health agencies say indoor mask-wearing is a key coronavirus-prevention tool.
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