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Trump choosing white men as judges, highest rate in decades
Attorney News | 2017/11/09 13:07
President Donald Trump is nominating white men to America's federal courts at a rate not seen in nearly 30 years, threatening to reverse a slow transformation toward a judiciary that reflects the nation's diversity.

So far, 91 percent of Trump's nominees are white, and 81 percent are male, an Associated Press analysis has found. Three of every four are white men, with few African-Americans and Hispanics in the mix. The last president to nominate a similarly homogenous group was George H.W. Bush.

The shift could prove to be one of Trump's most enduring legacies. These are lifetime appointments, and Trump has inherited both an unusually high number of vacancies and an aging population of judges. That puts him in position to significantly reshape the courts that decide thousands of civil rights, environmental, criminal justice and other disputes across the country. The White House has been upfront about its plans to quickly fill the seats with conservatives, and has made clear that judicial philosophy tops any concerns about shrinking racial or gender diversity.



Florida man back at Supreme Court with 1st Amendment case
Court News | 2017/11/08 13:15
The U.S. Supreme Court agreed Monday to hear a First Amendment case brought by a Florida man who previously won a landmark ruling from the justices on whether his floating home was a house, not a boat subject to easier government seizure under laws that govern ships and boats.

This time, the justices agreed to hear a case in which Fane Lozman sued after being charged with disorderly conduct and resisting arrest at a public meeting.

Lozman, 56, was never brought to trial on the charges — prosecutors dropped them after concluding there was no possibility of a conviction. Lozman then sued Riviera Beach, claiming his arrest at a 2006 city council meeting violated the First Amendment's free speech guarantee because it was in retaliation for opposing a marina redevelopment plan and accusing council members of corruption.

A jury sided with the city after a trial and an appeals court upheld that verdict. Lozman, however, took the case to the Supreme Court, arguing in part that U.S. appeals courts across the country are split on the issue of retaliatory arrest versus free speech.




Human rights group accuses Guatemalan courts of delays
Attorney News | 2017/11/06 13:14
An international human rights group says Guatemalan courts are foot- dragging on high-profile cases and threatening the work of the country's prosecutors and a U.N. anti-corruption commission.

Human Rights Watch analyzed eight major cases that have bogged down and concluded the courts are undermining the anticorruption work by taking too long to process appeals and pretrial motions. In a report released Sunday, the group accuses the courts of trying to run out the clock on prosecutions by keeping defendants from ever making it to trial.

Among the cases is a customs fraud scandal that allegedly sent kickbacks to then President Otto Perez Molina and Vice President Roxana Baldetti. They resigned and were jailed to await trial, but more than 100 defense filings have delayed the trial.

Perez Molina and Baldetti, who resigned in 2015, both deny the charges against them.

Daniel Wilkinson, managing director of the Americas division at Human Rights Watch, said Guatemala has made progress on holding officials accountable for abuses of power, but still needs to "move forward and close those circles with trials." "The strategic defense (of those accused) was always to delay the cases," Wilkinson said.

The report notes a pattern in which pretrial proceedings drag on as defense lawyers appeal court decisions and file petitions seeking the recusal of judges.

"The repeated filing of such petitions has brought many key prosecutions to a standstill, and lawyers are not effectively sanctioned even when filing petitions that are manifestly frivolous," Wilkinson said.




Brazilian court revives case against Olympian Ryan Lochte
Legal Interview | 2017/10/30 01:10
Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.

"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."

Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.

Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.


Illinois to require veterans courts across the state in 2018
Headline Legal News | 2017/10/29 01:11
A law passed last year requires every judicial circuit in Illinois to have a veterans treatment court starting Jan. 1.

The courts allow veterans who were honorably discharged to plead guilty to a crime in exchange for a probation sentence, The Chicago Tribune reported. The sentence requires frequent court visits and mental health or substance abuse treatment.

Veterans can also apply to have their records expunged upon completing the sentence. Those who use the courts typically face lower level felonies.

Supporters say the program will help those who risked their lives for their country.

Army veteran Gregory Parker enrolled in the Lake County Veterans Treatment and Assistance Court after his fourth drunken driving arrest resulted in a felony reckless driving charge. Parker graduated from the program in about 18 months. He's quit drinking and continues to go to therapy.

"I finally find myself enjoying things in life I've never enjoyed before," he said.

But some wonder if every community has the resources or the need for a court dedicated to veterans.

Some rural communities may only have a few veterans moving through the court system, said Michelle Rock, executive director of the Illinois Center of Excellence for Behavioral Health and Justice, which provides support for treatment courts statewide.

"We know that it may not be cost-effective for every county in the state to have one," she said.

Before the new law, Kane County officials weighed the need for a veterans court with the availability of resources and decided against offering the court, said Court Administrator Doug Naughton.

The overall court system should be improved, instead of offering one group more options, said Ed Yohnka, spokesman for the ACLU of Illinois.



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