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Ala. courts seek $8.5 million to avoid layoffs
Lawyer News | 2013/08/19 14:03
When the state government's new budget year begins on Oct. 1, Chief Justice Roy Moore says he will need assurances that the courts are going to get an extra $8.5 million in state funding or he will have to lay off 150 employees.

The governor and a legislative budget chairman say it's going to be hard to come up with that much money.

Gov. Robert Bentley said he has sympathy for the court system, but the state General Fund is tight. "I don't see $8.5 million being awarded. We'll have to see what's available," he said.

The state's $1.7 billion General Fund for the new fiscal year starting Oct. 1 is 0.4 percent larger than the current year's budget.

The budget will increase the court system's appropriation from $102.8 million this fiscal year to $108.4 million for the new year. That $5.6 million increase is second only to the $16.7 million increase given to the prison system. But Moore, who oversees the state court system, said $8.5 million more was needed to maintain court services at their current level.

To help the court system, the budget includes what legislators call a "first-priority conditional appropriation" of $8.5 million. The budget allows the governor to release extra funding to some state programs if tax collections exceed expectations. The budget requires that if the governor wants to release any extra funding, the court system has to get its $8.5 million first before any other program gets a penny extra.



Appeals court: Obama violating law on nuke site
Court News | 2013/08/15 10:01
A federal appeals court says the Nuclear Regulatory Commission has been violating federal law by delaying a decision on a proposed nuclear waste dump in Nevada.

By a 2-1 vote, the U.S. Court of Appeals for the District of Columbia ordered the commission to complete the licensing process and approve or reject the Energy Department's application for a waste site at Nevada's Yucca Mountain.

In a sharply worded opinion, the court said the nuclear agency was "simply flouting the law" when it allowed the Obama administration to continue plans to close the proposed waste site near Las Vegas. The action goes against a federal law designating Yucca Mountain as the nation's nuclear waste repository.

The court said the president can't ignore a congressional mandate simply because of policy objections.


Court hearing expected in RI slayings, abduction
Court News | 2013/08/12 14:10
One of two suspects in a weekend double homicide and child abduction was expected to be arraigned Monday in Massachusetts.

Malcolm Crowell, 22, was to appear on a fugitive-from-justice warrant, according to the clerk's office at Fall River District Court.

Crowell and Daniel Rodriguez, 27 or 28, were arrested Sunday in the two slayings and the abduction of 2-year-old Isaiah Perez, who was later found unharmed after a nationwide Amber Alert was issued.

The bodies were discovered about 5:20 a.m. Sunday at a home in suburban Johnston, a town of 30,000 residents less than 10 miles from Providence. The names of the dead were not immediately released, but Johnston Police Chief Richard S. Tamburini said one of the victims was the child's mother.

The boy was found around 8:15 p.m. in Providence after a police officer there spotted him walking around a housing project by himself.

Deputy Police Chief Daniel Parrillo said it was unclear whether the boy's abductor was living in the home, was a guest or was uninvited.


Court asked to safeguard NM mental health audit
Court Watch | 2013/07/26 10:11
The attorney general's office says an agreement has been reached for State Auditor Hector Balderas to have access to an audit that identified potential overbillings and fraud by behavioral health providers.

Chief Deputy Attorney General Al Lama said Thursday a state district judge in Santa Fe has been asked to issue an order making clear the audit report will be protected from public disclosure once it's provided to Balderas.

The auditor and Human Services Department support the request.

Balderas said his office needs the information in auditing the department's finances. He obtained a subpoena to try to force the department to provide him with the audit done for the agency.

Lama said public disclosure of the audit could jeopardize the attorney general's investigation of allegations against the behavioral health providers.



Colo. senators go to court to halt recall efforts
Court News | 2013/07/17 22:59
Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.

State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.

Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.

Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.


Court in NYC upholds insider trading conviction
Court News | 2013/07/02 09:26
A stock trader nicknamed "the Octopussy" because he had access to so many sources of inside information was properly convicted and sentenced to 10 years in prison, a federal appeals court concluded Monday.

The 2nd U.S. Circuit Court of Appeals upheld the conviction of Zvi Goffer and two others in a case the government had once touted as the biggest insider trading prosecution in history.

In all, more than two dozen defendants were convicted, including a one-time billionaire whose hedge funds had commanded as much as $7 billion.

The Israeli-born Goffer was convicted with two others in 2011 in a conspiracy to pay bribes to two lawyers at a Manhattan law firm. The government said Goffer and others earned more than $10 million illegally.

Goffer, whose nickname is a reference to a James Bond film, was sentenced to 10 years in prison after prosecutors said he arranged to pay two attorneys nearly $100,000 in 2007 and 2008 for inside tips on mergers and acquisitions. Prosecutors said Goffer's network used prepaid cellphones to avoid detection and destroyed them after each successful tip.

His lawyers challenged his conviction and sentence on several grounds, including that wiretap evidence should have been suppressed, that jury instructions were erroneous and that Goffer was punished for refusing to plead guilty.

A three-judge panel of the Manhattan appeals court noted the novelty of using wiretaps in a securities fraud case as it rejected defense arguments that the law permitting wiretaps does not list securities fraud as an offense for which it can be used.



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