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ICC prosecutor: African states leaving court is 'regression'
Class Action News | 2016/11/26 16:49
The International Criminal Court's prosecutor said Tuesday that it is a "regression" for African nations — including her home country of Gambia — to quit the court and said the continent should work with her office to end impunity for atrocities.

Speaking to The Associated Press at the court's headquarters overlooking the North Sea on the edge of The Hague, Prosecutor Fatou Bensouda said regional and local courts in Africa can also play a key role in bringing perpetrators of atrocities to justice.

Bensouda's comments came as the court's governing body, the Assembly of States Parties, met nearby with the issue of departing African states figuring prominently in its discussions.

South Africa, Burundi and Gambia have announced plans to leave the court, which has 124 member states, sparking fears of a domino effect among other African nations.

"I think it's a setback for the continent, it's a regression for the continent that there are some African states that are deciding to withdraw from the ICC," Bensouda said.

However, she said that the announced withdrawals have galvanized support for the court among other African countries attending the annual gathering of member states.

"I wanted to emphasize that today during this Assembly of States Parties you have the vast majority of African states recommitting to the ICC and renewing ... support for the ICC," Bensouda said.

One way of the international court engaging with Africa is by supporting local and regional courts, Bensouda said. Her office is working with authorities in Central African Republic to help establish a court to prosecute atrocities in that conflict-torn country.



Election judge pleads not guilty in absentee ballot case
Legal Career News | 2016/11/21 18:20
An 88-year-old election judge from southern Illinois has pleaded not guilty after allegedly sending in an absentee ballot in her late husband's name.

The (Belleville) News-Democrat reports that Audrey Cook appeared Thursday in Madison County Circuit Court.

Cook, of Alton, told The Associated Press this month that she filled out the ballot for her husband after he died in September because she knew he would want Donald Trump to be president.

She was charged a few days before the Nov. 8 election with two felony counts of election fraud.

Madison County State's Attorney Tom Gibbons has said the ballot was never even opened because a clerk found it had been submitted in the name of a deceased person.

Gibbons also said Cook would be removed as an election judge.


Ohio sheriff accused of drug theft changing not guilty plea
Business Law Info | 2016/11/21 18:19
A suspended sheriff in Ohio who has denied stealing prescription drugs and misusing office funds is due in court to change his not guilty plea.

Sandusky County Sheriff Kyle Overmyer is scheduled to attend a change of plea hearing Monday in Fremont.

Overmyer had pleaded not guilty in August to six felony charges in a 43-count indictment.

The two-term sheriff was charged with stealing medications drug disposal drop boxes, deceiving doctors into giving him painkillers and misusing department funds.

A judge recently sent him back to jail after deciding he violated terms of his bond by contacting potential witnesses.

Overmyer has said the investigation was politically motivated. He was suspended but kept his sheriff's title. He lost his re-election bid about two weeks ago.



Philippine court urged to order Marcos' remains exhumed
Headline News | 2016/11/20 18:20
Human rights victims who suffered during the rule of Philippine dictator Ferdinand Marcos filed petitions Monday asking the Supreme Court to order the exhumation of his remains that were buried last week at the country's Heroes' Cemetery.

They also want the court to hold officials and his heirs in contempt for carrying out the burial before the court heard final appeals against it.

Former President Fidel Ramos, who played a key role in the peaceful army-backed revolt that ousted Marcos in 1986, called the former leader's burial at the military-run cemetery "an insult" to the sacrifices of soldiers and veterans.

Left-wing former lawmaker Saturnino Ocampo and other activists urged the court to hold Marcos' widow Imelda, their three children, Defense Secretary Delfin Lorenzana and two military officials in contempt for "the hasty, shady and tricky" burial on Friday of the long-dead president at the Heroes' Cemetery.

The petition said they should be fined and detained for mocking the legal process that gave petitioners 15 days to appeal the court's Nov. 8 ruling allowing the burial.

Opposition Rep. Edcel Lagman, who represents another group of petitioners, sought a court order to have the remains exhumed "because the hasty and surreptitious interment was premature, void and irregular."

He asked that the remains be examined to determine if they are not a wax replica. The secrecy-shrouded burial at the cemetery reserved for presidents, soldiers and national artists shocked democracy advocates and human rights victims, prompting street protests in Manila and other cities.

Marcos's rule was marked by massive rights violations and plunder. After being ousted in 1986, he flew to Hawaii, where he lived with his wife and children until he died in 1989.


Justice Thomas: Honor Scalia by reining in government
Legal Career News | 2016/11/19 18:20
Supreme Court Justice Clarence Thomas is calling fellow conservatives to continue the work of the late Justice Antonin Scalia to keep the power of the courts and other branches of government in check.

Thomas tells 1,700 people at a dinner in honor of Scalia that the Supreme Court has too often granted rights to people that are not found in the Constitution. He cited the decision in 2015 that made same-sex marriage legal across the country.

Thomas said he and his longtime friend and colleague formed an "odd couple" of a white New Yorker and a black man from Georgia.

He paraphrased Lincoln's Gettysburg address to exhort the audience to "be dedicated to the unfinished business for which Justice Scalia gave his last full measure of devotion."


Nevada high court considering email public records question
Employment Law | 2016/11/18 18:21
Neighbors' efforts to block the reopening of a mine in a historic Nevada mining town have unearthed a legal question about whether emails kept by elected officials on their personal devices are public records.

The Comstock Residents Association wants the Nevada Supreme Court to order Lyon County to release communications between county commissioners and Comstock Mining Inc. ahead of a January 2014 decision to allow mining again at Silver City.

The question focuses on whether the public has a right to government information contained on personal electronic devices and in personal email accounts.

Senior Washoe County District Court Judge Steven Kosach rejected the request earlier this year, ruling records on personal devices and accounts are outside the public agency's control and aren't covered under the Nevada Public Records Act.

The judge also found the communications were not official actions. But he acknowledged his ruling "may cause public employees to skirt the provision of the (public records law) by conducting business on their personal devices," the Las Vegas Review-Journal reported.

Barry Smith, director of the Nevada Press Association, said the lower court ruling allows the "electronic version of the old backroom deal."

"Officials could avoid the open-records law by conducting public business through their private phones and email accounts," Smith said.

In a brief filed Nov. 7 with the state high court, association attorney Luke Busby said the court's decision would provide "critical guidance" to public officials about access to public records.

In court filings, Busby noted that then-Commissioner Vida Keller said at the January 2014 commission meeting that she had contacted her colleagues outside the public meeting regarding the land-use change.

"As it turned out, Commissioner Keller and other members of the Lyon County Commissioners used their personal devices or email accounts to conduct official business," Busby said. "An otherwise public record does not lose public status simply because it was created, received or stored on a personal device or personal account."

A three-member panel of justices heard oral arguments in the case Sept. 14. It could be several months before a ruling is made.


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