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Courts: Bail reform working, but sustainable funding needed
Business Law Info | 2018/02/19 15:04
The number of defendants being held before trial since New Jersey overhauled its bail system last year dropped by 20 percent, but the judge overseeing the program says it faces financial difficulties.

A report submitted last week by Judge Glenn Grant, who runs the state's court system, also shows the program faces financial difficulties because it relies on court fees instead of a "stable sustainable funding stream."

Proponents say the reforms championed by former Republican Gov. Chris Christie keep violent offenders detained until trial while providing poor, low-level defendants the opportunity to be freed.

But critics — including some lawmakers, law enforcement officials and the bail bond industry — say it has led to the quick release of some who weren't deemed a threat but were soon re-arrested on new charges.

The data shows 44,319 people were issued complaint warrants in New Jersey last year. Prosecutors sought to have 19,366 defendants detained until trial, but only 8,043 of those people were ordered held.

That means the state's pretrial jail population dropped by 20 percent from January 2017 to January 2018, and by 35 percent from January 2015 to January 2018.

At least two lawsuits have been filed seeking to overturn the changes, including one from a group backed by reality TV star Dog the Bounty Hunter.



GOP to take new congressional map to court
Law Firm Press | 2018/02/18 15:03
Republicans say they’ll go to federal court this week to try to block new court-ordered boundaries of Pennsylvania’s congressional districts from remaining in effect for 2018’s elections.

Top Senate Republican lawyer Drew Crompton said Monday a separation of powers case will form the essence of the GOP’s argument. Crompton won’t say whether Republicans will go to a district court or the U.S. Supreme Court or what type of legal remedy they’ll seek.

But the case will involve making the argument the U.S. Constitution gives state legislatures and governors, not courts, the power to draw congressional boundaries.

Earlier this month, the U.S. Supreme Court wouldn’t stop the state court’s order to redraw congressional districts. Democratic Gov. Tom Wolf calls the new map an effort to remedy the state’s unfair and unequal congressional elections.

Democratic Pennsylvania Gov. Tom Wolf is applauding the new boundaries of congressional districts being imposed by the state Supreme Court.

Wolf said in a statement Monday that Pennsylvanians “are sick and tired of gerrymandering.” He calls the court’s map an effort to remedy the state’s unfair and unequal congressional elections.

Wolf had backed the Democratic-majority state high court’s ruling last month to throw out Pennsylvania’s district boundaries. Republicans have won 13 of Pennsylvania’s 18 seats in three elections under the invalidated map, although statewide elections are often closely contested.



Afghans submitted 1.17 million war crimes claims to court
Business Law Info | 2018/02/17 15:03
Since the International Criminal Court began collecting material three months ago for a possible war crimes case involving Afghanistan, it has gotten a staggering 1.17 million statements from Afghans who say they were victims.

The statements include accounts of alleged atrocities not only by groups like the Taliban and the Islamic State group, but also involving Afghan Security Forces and government-affiliated warlords, the U.S.-led coalition, and foreign and domestic spy agencies, said Abdul Wadood Pedram of the Human Rights and Eradication of Violence Organization.

Based in part on the many statements, ICC judges in The Hague would then have to decide whether to seek a war crimes investigation. It's uncertain when that decision will be made.

The statements were collected between Nov. 20, 2017, and Jan. 31, 2018, by organizations based in Europe and Afghanistan and sent to the ICC, Pedram said. Because one statement might include multiple victims and one organization might represent thousands of victim statements, the number of Afghans seeking justice from the ICC could be several million.

"It is shocking there are so many," Pedram said, noting that in some instances, whole villages were represented. "It shows how the justice system in Afghanistan is not bringing justice for the victims and their families."

The ICC did not give details about the victims or those providing the information.

"I have the names of the organizations, but because of the security issues, we don't want to name them because they will be targeted," said Pedram, whose group is based in Kabul.

Many of the representations include statements involving multiple victims, which could be the result of suicide bombings, targeted killings or airstrikes, he said.


City, landowner appeal Supreme Court's Buffalo Chip ruling
Lawyer Blog News | 2018/02/15 15:02
The city of Sturgis and a Meade County landowner have appealed the South Dakota Supreme Court's decision in favor of the incorporation of the city of Buffalo Chip.

Buffalo Chip is located outside Sturgis and used to be a campground mainly used by motorcyclists.

The court last month said any challenge to a 2015 vote to incorporate Buffalo Chip must be brought by the state.

The Black Hills Pioneer reports that the city of Sturgis and landowner Jane Murphy this week asked for a rehearing of the case. Murphy says, "this is such a mess and the court did nothing to clear it up."


Specialist prosecutor for Kosovo court standing down
Class Action News | 2018/02/14 15:02
The American prosecutor working to bring to justice former members of the Kosovo Liberation Army accused of crimes against ethnic Serbs in Kosovo's war for independence is stepping down at the end of next month.

Specialist Prosecutor David Schwendiman issued a statement Thursday, saying he will leave the post at the end of March because his three-year term as a U.S. State Department foreign service officer is coming to an end and cannot be extended. -

Schwendiman says he issued the statement to make clear he was not resigning or being fired from his post.

His investigations aim to indict suspects who would then be put on trial at the Hague-based court known as the Kosovo Specialist Chambers. Schwendiman has not yet issued any indictments.


Beleaguered gunmaker Remington points to bankruptcy court
Employment Law | 2018/02/12 15:02
Remington, the gunmaker beset by falling sales and lawsuits tied to the Sandy Hook Elementary School massacre, has reached a financing deal that would allow it to continue operating as it files for Chapter 11 bankruptcy protection.

The maker of the Bushmaster AR-15-style rifle used in the Connecticut shooting that left 20 first-graders and six educators dead in 2012, said Monday that the agreement with lenders will reduce its debt by about $700 million and add about $145 million in new capital.

The company will attempt to file a prepackaged reorganization plan with the U.S. Bankruptcy Court of Delaware under Chapter 11 of the bankruptcy code.

Remington Outdoor Co., based in Madison, North Carolina, said that business won't be disrupted as it restructures its finances.

Ohio court to hear online charter school's funding case

The survival of one of the nation's largest virtual charter schools is on the line when the Ohio Supreme Court hears arguments Tuesday in a case that could have broader impact on accountability for other e-schools.

The Electronic Classroom of Tomorrow challenges how Ohio tallied students' participation to determine the online school should repay $60 million or more.

The state says ECOT didn't provide data from students' online work to justify the school's full public funding in recent years.

ECOT argues that state law calls for calculating charter-school funding based on enrollment, not participation, and that Ohio's Department of Education effectively changed the criteria without legal authority.

After the state started recouping funding, the e-school of some 12,000 students was abruptly closed last month as it ran out of money.


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