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Judge W. Brent Powell Appointed to Missouri Supreme Court
Lawyer News |
2017/05/03 09:22
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Jackson County Circuit Judge W. Brent Powell was appointed Tuesday to the Missouri Supreme Court, marking the first high-profile judicial selection by new Republican Gov. Eric Greitens.
Powell will replace former Judge Richard Teitelman, who died in November at his home in St. Louis.
Powell, a 46-year-old Kansas City resident, was appointed by former Republican Gov. Matt Blunt as a Jackson County judge in 2008. He previously spent seven years as an assistant U.S. attorney in Kansas City and also worked as an assistant Platte County prosecutor.
Greitens said Powell has established himself as "an outstanding jurist."
"He has received high marks for being humble, fair-minded and of the highest integrity," Greitens said in a written statement accompanying his announcement. "I am confident Judge Powell will be committed to strengthening and improving our court system and guarding the rule of law as a judge on our state's highest court."
Powell's wife, Beth Phillips, was appointed as a U.S. district judge in 2011 by Democratic President Barack Obama after serving as U.S. attorney in Kansas City. His sister-in-law, Jennifer Phillips, was appointed to the Jackson County Circuit Court in 2014 by former Democratic Gov. Jay Nixon after serving as an assistant county prosecutor. Powell's father, his father-in-law, an uncle and several cousins also have been attorneys.
"Coming from a clan of lawyers, this is a very special day for me and my family," Phillips said Tuesday in a written statement. "As I step into this new role, I hope to model the humility and judicial temperament exhibited by the late Judge Richard Teitelman who was known for his kindness and congeniality."
Unlike at the federal level, Missouri Supreme Court appointees are not subject to Senate confirmation. Instead, Powell will face a retention vote for a 12-year term during the 2018 general election.
Powell's appointment could shift the court a little to the right. Though Missouri appeals judges don't run as Democrats or Republicans, Teitelman had been appointed by former Democratic Gov. Bob Holden and typically aligned along liberal lines.
Powell's addition will mean three of the state's seven Supreme Court judges were appointed by Republican governors. |
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Justices turn away GM appeal over ignition switches
Court Watch |
2017/05/02 10:13
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The Supreme Court on Monday turned away an appeal from General Motors Co. seeking to block dozens of lawsuits over faulty ignition switches that could expose the company to billions of dollars in additional claims.
The justices without comment left in place a lower court ruling that said the automaker's 2009 bankruptcy did not shield it from liability in the cases.
A federal appeals court ruled last year that GM remains responsible for ignition-switch injuries and deaths that occurred pre-bankruptcy because the company knew about the problem for more than a decade but kept it secret from the bankruptcy court.
The company had argued that well-established bankruptcy law allowed the newly reorganized GM to obtain the old company's assets "free and clear" of liabilities.
GM recalled 2.6 million small cars worldwide in 2014 to replace defective switches that played a role in at least 124 deaths and 275 injuries, according to a victims' fund set up by GM and administered by attorney Kenneth Feinberg.
The automaker has paid nearly $875 million to settle death and injury claims related to the switches. That includes $600 million from Feinberg's fund and $275 million to settle 1,385 separate claims. It also has paid $300 million to settle shareholder lawsuits. But many others are pursuing their claims in court.
After it emerged from the government-funded bankruptcy, the company referred to as New GM was indemnified against most claims made against the pre-bankruptcy company, known as Old GM. A bankruptcy court sided with the company in 2015, ruling that most claims against Old GM could not be pursued.
But the appeals court in Manhattan overturned most of that decision and said hundreds of pre-bankruptcy claims could go forward.
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Supreme Court bans Jehovah's Witnesses in Russia
Court News |
2017/05/01 10:15
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Russia's Supreme Court has banned the Jehovah's Witnesses from operating in the country, accepting a request from the justice ministry that the religious organization be considered an extremist group.
The court ordered the closure of the group's Russia headquarters and its 395 local chapters, as well as the seizure of its property.
The Interfax news agency on Thursday quoted Justice Ministry attorney Svetlana Borisova in court as saying that the Jehovah's Witnesses "pose a threat to the rights of the citizens, public order and public security."
The Jehovah's Witnesses claim more than 170,000 adherents in Russia. The group has come under increasing pressure over the past year, including a ban on distributing literature deemed to violate Russia's anti-extremism laws.
Pakistan court to decide on accusations against PM's family
Under tight security, Pakistan's top court is to deliver a much-awaited decision on Thursday on corruption allegations against Prime Minister Nawaz Sharif's family which could determine his political future.
If the Supreme Court announces punitive measures against Sharif or his family members as part of the decision, it may lead to a crisis in government. In 2012, the same court convicted then-Premier Yusuf Raza Gilani in a contempt case, forcing him to step down.
Thursday's decision will be the outcome of petitions from opposition lawmakers dating back to documents leaked in 2016 from a Panama-based law firm that indicated Sharif's sons owned several offshore companies.
Sharif's family has acknowledged owning offshore businesses.
The opposition wants Sharif, in power since 2013, to resign over tax evasion and concealing foreign investment. Sharif has defended his financial record.
Information Minister Maryam Aurangzeb told reporters the government will "accept the court decision."
Naeemul Haq, a spokesman for cricketer-turned-politician Imran Khan, whose party is leading the petition, said the decision will be an "historic one."
Lawyer A.K. Dogar, who is not involved in the probe by the Supreme Court or the petition, said the decision could determine the political fate of Sharif.
Senior opposition politician Mehnaz Rafi, from Khan's party, told The Associated Press she hopes the decision will help recover tax money from Sharif's family and others who set up offshore companies to evade taxes. If the court finds Sharif's family evaded paying taxes, she said he should resign as he will no longer have "moral authority to remain in power."
The prime minister has insisted his father built up the family business before Sharif entered politics in the 1980s. Sharif says he established a steel mill abroad while he was exiled to Saudi Arabia by former military ruler Pervez Musharraf, who seized power in a coup in 1999.
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Indiana Supreme Court set to be all-white, all-GOP appointed
Lawyer News |
2017/05/01 10:14
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Indiana's next state Supreme Court justice will complete the remaking of the bench, as all five justices will be white and will have been appointed since 2010 by Republican governors.
The state's Judicial Nominating Commission on Wednesday chose three finalists to succeed Justice Robert Rucker, who is retiring May 12. Once the names of the finalists — Judges Vicki Carmichael, Christopher Goff and Matthew Kincaid — are sent to Gov. Eric Holcomb, he'll have 60 days in which to choose one to succeed Rucker.
Here is some background on the finalists, Rucker and the court.
VICKI CARMICHAEL:
Carmichael, 54, has been a Clark Circuit Court judge in the Ohio River county just north of Louisville, Kentucky, since 2007. She would be the high court's third female justice ever, including its current chief justice, Loretta Rush. Carmichael, who's married and has an adult daughter in college, was a city court judge in Jeffersonville for six years before becoming a county judge. Unlike the other two finalists, who are Republicans, Carmichael is a Democrat. She previously was in private practice and served as a public defender. She's a graduate of the Louis D. Brandeis School of Law at the University of Louisville.
CHRISTOPHER GOFF:
Goff, who turns 45 on Tuesday, has served as a Wabash Superior Court judge since 2005. In his application for the high court seat, he wrote that the courts in Wabash County, located in northeastern Indiana, are among the state's busiest based on the number of cases assigned to each judge. Goff, who is married and has two daughters, previously worked in private practice. He's a graduate of the Indiana University Maurer School of Law.
MATTHEW KINCAID:
Kincaid, 46, has been a Boone Superior Court judge in the county just northwest of Indianapolis since 2003. Like the other finalists, before becoming a judge he was a lawyer in a private practice. This is Kincaid's second time as a finalist for the state Supreme Court. The Judicial Nominating Commission also selected him last year as one of three finalists to succeed Justice Brent Dickson. Then-Gov. Mike Pence chose Indianapolis attorney Geoffrey Slaughter for that vacancy. Kincaid, who is married with three children, is a graduate of the Loyola University of Chicago School of Law.
DEPARTING JUSTICE:
Rucker, 70, announced in January that he would retire this spring, five years before reaching the court's mandatory retirement age. His last day on the bench is May 12. Rucker was named to the bench in 1999 by Democratic Gov. Frank O'Bannon, becoming only its second black justice ever. His departure will leave the court with only white justices, and all three finalists for his vacancy are white. Rucker is the court's only remaining Democratic appointee.
INDIANA'S REVAMPED COURT:
When Rucker's replacement is named, all five members of the state's highest court will have been appointed by Republican governors. Indiana University law professor Joel Schumm said that's the first time that's happened since Indiana voters approved a constitutional amendment in 1970 creating a commission to pick finalists for the governor to choose from. He said he doesn't think the change will be particularly significant because Indiana justices have a long tradition of not being politically ideological in their rulings. The governor's pick will join Rush, Justice Steven David, Justice Mark Massa and Justice Geoffrey Slaughter on the court. Given the ages of the justices, Schumm says they could be together on the court for about 15 years. |
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With Supreme Court seat filled, GOP looks to lower courts
Court Watch |
2017/05/01 10:14
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Republicans have put President Donald Trump's Supreme Court nominee on the bench, and they're now in a position to fill dozens more federal judgeships — and reshape some of the nation's highest courts.
Democrats have few ways to stop them.
The Republicans' opportunity comes with the GOP in control of Congress and the White House, about 120 vacancies in federal district and appeals courts to be filled and after years of partisan fights over judicial nominations.
Frustrated by Republican obstruction in 2013, then-majority Democrats changed Senate rules so judicial nominations for those trial and appeals courts are filibuster-proof, meaning it takes only 51 votes, a simple majority in the 100-member Senate, for confirmation.
Today, Senate Republicans hold 52 seats.
The Democratic rules change did not apply to Supreme Court nominations. But Senate Republicans are now in the majority, and they changed the rules in similar fashion this month to confirm federal Judge Neil Gorsuch to the high court over Democratic opposition. As a result, the GOP can almost guarantee confirmation of future Supreme Court justices, as well, if there are more openings with Trump in office and Republicans are in the majority.
"The Trump administration does have an opportunity to really put its mark on the future of the federal judiciary," says Leonard Leo, the executive vice president of the conservative Federalist Society and an adviser to Trump on the Gorsuch nomination.
Reflecting a conservative judicial philosophy, Leo says the unusual number of vacancies that Trump is inheriting could reorient the courts of appeals, in particular, "in a way that better reflects the traditional judicial role, which is interpreting the law according to its text and placing a premium on the Constitution's limits on government power."
That philosophy was a priority for the late Justice Antonin Scalia, whom Gorsuch replaced, and Trump has said he wants the federal judiciary to reflect those values.
There are currently 20 vacancies in the federal appeals courts, which are one step below the Supreme Court, and roughly 100 more in district courts, where cases are originally tried. Former President Barack Obama had around half that number of vacancies when he took office in 2009. Of the current vacancies, 49 are considered judicial emergencies, a designation based on how many court filings are in the district and how long the seat has been open.
As the White House has focused on the Gorsuch nomination, Trump has so far only nominated one lower-court judge, Amul R. Thapar, a friend of Senate Majority Leader Mitch McConnell of Kentucky, for the 6th Circuit U.S. Court of Appeals.
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Fresno killings suspect shouts out during 1st court hearing
Court News |
2017/04/28 10:14
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The suspect in this week's racially motivated shooting rampage in Fresno shouted Friday that natural disasters will increasingly hit the United States as he was ushered into a cramped courtroom for his first appearance before a judge.
Kori Ali Muhammad, 39, was supposed to be officially informed about the first-degree murder charge he is accused of in the shooting death of an unarmed security guard.
Authorities have said he then killed three more people in the rampage, targeting white victims, before he was caught.
But the reading of the charge never happened because Muhammad had another outburst, yelling "Let black people go" and a phrase similar to "in reparations" that was not clearly enunciated.
His court appointed lawyer, Eric Christensen, then told the judge: "I believe this gentleman may not be mentally competent to proceed."
Muhammad yelled again and the judge canceled the proceedings, setting bail at $2.6 million and ordering a mental evaluation for Muhammad.
Police have said Muhammad told them that learning he was wanted for the Williams' killing prompted him to try to kill as many white people as possible before he was caught.
He shot three other white men at random Tuesday, police said, including a Pacific Gas & Electric utility worker sitting in a truck and two men who had come out of a Catholic Charities building.
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