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Kansas faces skeptical state Supreme Court on school funding
Law & Politics |
2017/07/17 03:14
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Attorneys for Kansas will try to convince an often skeptical state Supreme Court on Tuesday that the funding increase legislators approved for public schools this year is enough to provide a suitable education for kids statewide.
The high court is hearing arguments about a new law that phases in a $293 million increase in education funding over two years. The justices ruled in March that the $4 billion a year in aid the state then provided to its 286 school districts was inadequate, the latest in a string of decisions favoring four school districts that sued Kansas in 2010.
The state argues that the increase is sizable and that new dollars are targeted toward helping the under-performing students identified as a particular concern in the court's last decision.
But lawyers for the Dodge City, Hutchinson, Wichita and Kansas City, Kansas, school districts argue that lawmakers fell at least $600 million short of adequately funding schools over two years. They also question whether the state can sustain the spending promised by the new law, even with an income tax increase enacted this year.
The court has ruled previously that the state constitution requires legislators to finance a suitable education for every child. In past hearings, justices have aggressively questioned attorneys on both sides but have not been shy about challenging the state's arguments.
The court is expected to rule quickly. Attorneys for the districts want the justices to declare that the new law isn't adequate and order lawmakers to fix it by Sept. 1 — only a few weeks after the start of the new school year. |
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Pakistan's opposition calls on court to oust prime minister
U.S. Legal News |
2017/07/16 03:14
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Opposition parties in Pakistan on Monday called on the Supreme Court to remove Prime Minister Nawaz Sharif from office after an investigation found that he and his family possess wealth exceeding their known sources of income.
The investigation is linked to the mass leak of documents from a Panama-based law firm in 2016, which revealed that Sharif and his family have offshore accounts.
Naeem Bukhari, a lawyer for opposition leader Imran Khan, submitted the request to the court. The court has the constitutional power to disqualify someone from serving as prime minister, and is expected to rule in the coming weeks.
The Sharifs have denied any wrongdoing. Their attorney, Khawaja Haris, argued Monday that the probe was flawed. The court will resume hearing the case Tuesday. |
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Hearing In San Diego Unified Suit Against The College Board
Court Feed News |
2017/07/13 17:26
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Judge Michael M. Anello will hear San Diego Unified's motion for a temporary restraining order in federal court 4 p.m. Friday, according to court records. The district filed a lawsuit Friday against the College Board and Educational Testing Services, the company that administers Advanced Placement tests, seeking to have the results of 844 voided Scripps Ranch High School AP exams released.
The district, along with 23 students, is alleging that withholding the scores is a breach of contract. The students say they would face thousands of dollars in damages if they miss out on college credits because of the decision.
An attorney for the San Diego Unified School District was in court Monday seeking a temporary restraining order on a College Board ruling to invalidate several hundred Advanced Placement exams taken at Scripps Ranch High School in May. The testing nonprofit voided the tests after learning the school did not follow proper seating protocols.
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Man charged with killing Maine couple on Christmas in court
U.S. Legal News |
2017/07/13 17:25
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The case of a New York man charged with killing a Maine couple on Christmas Day 2015 is scheduled to return to court in Portland.
Police charged David Marble Jr. of Rochester with shooting 35-year-old Eric Williams and 26-year-old Bonnie Royer in Manchester. His case is scheduled for a court conference on Thursday.
A judge granted a request from Marble's attorney in April to move the trial from Kennebec County to Cumberland County due to the publicity the case has received.
A court spokeswoman says the trial has not yet been scheduled. Marble's attorney made the case that finding an impartial jury in Kennebec County would be difficult. Marble has pleaded not guilty to the charges.
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Supreme Court deadline nears for suit over wetland loss
Court Feed News |
2017/07/11 00:18
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A Louisiana flood board is nearing a deadline for asking the U.S. Supreme Court to review its lawsuit seeking to make oil and gas companies pay for decades of damage to coastal wetlands.
Federal district and appeals courts have rejected the lawsuit, which was met by fierce opposition from the energy industry and many in state government when it was filed in 2013. The suit by the Southeast Louisiana Flood Protection Authority East said drilling and dredging activity contributed to loss of wetlands that form a hurricane buffer for New Orleans.
Oil industry supporters have labeled the lawsuit an attack on a vital industry. Tuesday marks the deadline for the flood board attorneys to seek Supreme Court review after their last defeat in April.
A federal district judge's 2015 ruling held that federal and state law provided no avenue by which the board could bring the suit.
A three judge panel of the 5th U.S. Circuit Court of Appeals upheld the ruling in March and the full 15-member court refused a rehearing in April. Lawyers for the flood board had a 90-day window to seek Supreme Court review.
Flood authority lawyers have argued that the flood board has the right to seek compensation for levee damage under the federal Rivers and Harbors Act. They also argued that federal judges should not have allowed the case to be moved to federal court from the state court where it originally was filed.
Meanwhile, some coastal parishes are pursuing coastal damage suits in state courts on different legal grounds. Gov. John Bel Edwards, a Democrat, has urged the energy companies to work toward a settlement. Industry leaders have resisted, saying the suits are meritless.
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First Opioid Court in the U.S. Focuses on Keeping Users Alive
Attorneys News |
2017/07/11 00:18
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After three defendants fatally overdosed in a single week last year, it became clear that Buffalo's ordinary drug treatment court was no match for the heroin and painkiller crisis.
Now the city is experimenting with the nation's first opioid crisis intervention court, which can get users into treatment within hours of their arrest instead of days, requires them to check in with a judge every day for a month instead of once a week, and puts them on strict curfews. Administering justice takes a back seat to the overarching goal of simply keeping defendants alive.
"The idea behind it," said court project director Jeffrey Smith, "is only about how many people are still breathing each day when we're finished."
Funded with a three-year $300,000 U.S. Justice Department grant, the program began May 1 with the intent of treating 200 people in a year and providing a model that other heroin-wracked cities can replicate.
Two months in, organizers are optimistic. As of late last week, none of the 80 people who agreed to the program had overdosed, though about 10 warrants had been issued for missed appearances.
Buffalo-area health officials blamed 300 deaths on opioid overdoses in 2016, up from 127 two years earlier. That includes a young couple who did not make it to their second drug court appearance last spring. The woman's father arrived instead to tell the judge his daughter and her boyfriend had died the night before.
"We have an epidemic on our hands. ... We've got to start thinking outside the box here," said Erie County District Attorney John Flynn. "And if that means coddling an individual who has a minor offense, who is not a career criminal, who's got a serious drug problem, then I'm guilty of coddling."
Regular drug treatment courts that emerged in response to crack cocaine in the 1980s take people in after they've been arraigned and in some cases released. The toll of opioids and profile of their users, some of them hooked by legitimate prescriptions, called for more drastic measures.
Acceptance into opioid crisis court means detox, inpatient or outpatient care, 8 p.m. curfews, and at least 30 consecutive days of in-person meetings with the judge. A typical drug treatment court might require such appearances once a week or even once a month.
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