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Federal judge, 103, still hearing federal cases
Legal Career News | 2011/04/10 18:40

In a courtroom in Wichita, the day begins much as it has for the past 49 years: Court is in session, U.S. District Judge Wesley Brown presiding. But what happens next is no longer routine; it's a testament to one man's sheer determination.

As lawyers and litigants wait in respectful silence, Brown, who is 103, carefully steers his power wheelchair behind the bench, his stooped frame almost disappearing behind its wooden bulk. He adjusts under his nose the plastic tubes from the oxygen tank lying next to the day's case documents. Then his voice rings out loud and firm to his law clerk, "Call your case."

Brown is the oldest working federal judge in the nation, one of four appointees by President Kennedy still on the bench. Federal judgeships are lifetime appointments, and no one has taken that term more seriously than Brown.

"As a federal judge, I was appointed for life or good behavior, whichever I lose first," Brown quipped in an interview. How does he plan to leave the post? "Feet first," he says.

In a profession where advanced age isn't unusual — and, indeed, is valued as a source of judicial wisdom — Brown has left legal colleagues awestruck by his stamina and devotion to work. His service also epitomizes how the federal court system keeps working even as litigation steadily increases, new judgeships remain rare, and judicial openings go unfilled for months or years.



Court ruling could mean NJ budget scramble
Court Feed News | 2011/04/10 18:40

Gov. Chris Christie is warning that if the state Supreme Court rules the way it usually does on a long-running school funding case, it could doom other state services. The build-up about the immediate consequences gives the chapter of the court case known as Abbott v. Burke even more significance than many of the 20 other decisions in the case dating back to the 1980s.

The question now before the court is whether the state's cuts in aid to schools for the current academic year were so deep that New Jersey didn't live up to its constitutional requirement of providing a "thorough and efficient education" to all students.It's not clear when it might be decided.

But lawyers for the state and for children in the poorest school districts filed legal papers last week laying out their sides. Oral arguments are scheduled for April 20. Over the long history of the case, the state Supreme Court has consistently ruled that New Jersey should provide more money to the state's poorest school districts.

The rulings have led to free preschools for 3- and 4-year-olds in those cities. Those programs are often cited as national models and given credit for improving test scores of grade-school students. The infusion of money has also brought replacements and repairs for many of their decrepit school buildings, extra help for teaching key areas such as reading.



Wis. public court record access may be threatened
Headline News | 2011/04/10 12:40

Wisconsin court officials fear the court's data management system, including a popular site that allows anyone to easily look up the criminal records of friends and neighbors, could be on shaky ground if the governor's proposed budget breaks up its funding mechanism.

Gov. Scott Walker's proposed budget would end a dedicated funding stream for Consolidated Court Automation Programs, the data management system for the state courts system. State law now gives the system $6 out of every $21.50 charged as part of the Justice Information System Surcharge included in most court filing fees. Under the new proposal, all fee revenue would go to the Department of Administration, which would give the money to the system and a range of other programs. It would also cut the system's funding by 10 percent.

Jean Bousquet, CCAP spokeswoman, said the switch would allow DOA to move money to other programs in the future. If that happens, Consolidated Court Automated Programs would have to consolidate or cut back on non-essential services, and the Wisconsin Circuit Court Access database would likely be on the shortlist of cuts.

The WCCA site provides detailed and updated information on all past and pending court cases in the Wisconsin circuit courts system and is accessible to anyone with an Internet connection. Bousquet said while they hope cuts are not necessary, the system would likely deal with budget cuts through gradual moves.



Lawyers for NFL, players talk mediation with judge
Court Feed News | 2011/04/09 18:39

The locked-out NFL players don't want to go back to collective bargaining with the league. They have now made a move to allow their former union boss to be present if court-supervised talks take place between the two sides.

Attorneys for the NFL and the players held a conference call Friday to discuss mediation with U.S. District Judge Susan Richard Nelson, who is currently deciding whether to lift the lockout.

League spokesman Greg Aiello confirmed the call took place and said Nelson wanted details to remain private. Jeffrey Kessler, a lawyer for the players, declined to comment.

The most notable development Friday was the formal addition of DeMaurice Smith as an attorney for the players. Smith is the executive director of the NFL Players Association, which is now officially a trade association and not a union. Lawyers who practice in a different state must file for approval through the court.

NFLPA spokesman Carl Francis confirmed that the move allows Smith to participate in any mediation sessions that might take place under Nelson's supervision.

After a hearing Wednesday on the players' request for an injunction to stop the lockout, Nelson urged both sides to resume talks toward a new labor pact. Negotiations broke down last month.

Both sides expressed a willingness to talk again after the hearing, but the NFL wants to resume negotiations before a federal mediator in Washington while the players prefer to remain in Nelson's court.



Water woes in southern Nebraska loom again
Lawyer Blog News | 2011/04/08 17:32

A U.S. Supreme Court decision that breathed new life into a decades-long water-rights dispute on the Great Plains has renewed concerns among southern Nebraska farmers about what could happen to their livelihoods.

The dispute centers on the Republican River, from which Kansas contends Nebraska took more than its share of water in 2005 and 2006. In addition to some $72 million in damages, Kansas is seeking to force Nebraska to stop irrigating about 500,000 acres in the Republican River basin — about half of the basin's 1.2 million irrigated acres and nearly 9 percent of the basin's total 5.8 million acres.

"That would be devastating to our operation and just the whole economy here," said Dan Nelsen, 30, who farms 5,000 acres — half of them irrigated — near Curtis, Neb. "Irrigation plays a big part in our operation. It keeps our cow and calf operation viable. Without that, we'd have to liquidate our herd."

The Kansas attorney general's office maintains Nebraska hasn't lived up to its end of a 1943 pact among Nebraska, Kansas and Colorado that governs the Republican River's use. The Supreme Court earlier this week gave Kansas permission to file a new petition over allegations that Nebraska used 25.7 billion gallons more in water from the river in 2005 and 2006 than it was due.

According to Jasper Fanning, general manager of the Upper Republican River Natural Resources District, if Kansas were to get its way, scores of farms in southern Nebraska and even the state's entire economy would be hurt.



Sen. Orie's attorney files Superior Court appeal
Court Feed News | 2011/04/08 12:32

Republican state Sen. Jane Orie's lawyer wants her public corruption retrial barred because of double jeopardy and wants the Pennsylvania Superior Court to recuse the trial judge from presiding over it.

Orie is scheduled to be retried Monday on conflict of interest and other public corruption charges alleging that she used her legislative staff to do campaign work for herself and another sister, State Supreme Court Justice Joan Orie Melvin.

The appeal filed Friday by Orie's attorney, William Costopoulos, is expected to delay Monday's retrial although the appeals court did not immediately issue such an order. In essence, Costopoulos claims that prosecutors were aware of possible problems with the documents Allegheny County Judge Jeffrey Manning found to be forged days before bringing them to the attention of the judge.



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