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State budget cuts clog criminal justice system
Headline News | 2011/10/26 14:34

Prosecutors are forced to ignore misdemeanor violations to pursue more serious crimes. Judges are delaying trials to cope with layoffs and strained staffing levels. And in some cases, those charged with violent crimes, even murder, are set free because caseloads are too heavy to ensure they receive a speedy trial.

Deep budget cuts to courts, public defenders, district attorney's and attorney general offices are testing the criminal justice system across the country. In the most extreme cases, public defenders are questioning whether their clients are getting a fair shake.

Exact figures on the extent of the cuts are hard to come by, but an American Bar Association report in August found that most states cut court funding 10 percent to 15 percent within the past three years. At least 26 states delayed filling open judgeships, while courts in 14 states were forced to lay off staff, said the report.

The National District Attorneys Association estimates that hundreds of millions of dollars in criminal justice funding and scores of positions have been cut amid the economic downturn, hampering the ability of authorities to investigate and prosecute cases.



Artists sue auction houses over royalties law
Headline News | 2011/10/21 13:08
Famed New York painter Chuck Close and other artists are suing Sotheby's, Christie's and eBay, contending the auctioneers willfully violated a California law requiring royalty payments on sales of their works.

The three federal suits filed Tuesday seek class-action status to represent many other artists and demand unspecified royalties and damages — which could total hundreds of thousands of dollars given current art prices.

The suits were filed on behalf of Close — best known for his enormous photorealistic paintings — along with Los Angeles artist Laddie John Dill, and the estate of late sculptor Robert Graham. Graham's works include the ceremonial gate for the Los Angeles Memorial Coliseum that was commissioned for the 1984 Olympics and features nude statues modeled on some of the athletes.

A foundation of late California painter Sam Francis also is named as a plaintiff in the suits against Christie's and eBay Inc.


Court mulls trial in absentia for Hariri case
Headline News | 2011/10/17 08:19
A panel of judges at a U.N.-backed court investigating the 2005 assassination of former Lebanese Prime Minister Rafik Hariri will consider whether to stage a trial in absentia for four Hezbollah members accused in the slaying.

The suspects were indicted earlier this year, but Hezbollah has refused to arrest them and send them for trial in the Special Tribunal for Lebanon's purpose-built courtroom.

The court said in a statement Monday that a pretrial judge preparing the case has asked trial judges "to determine whether proceedings in absentia should be initiated" against the four men.

Iranian-backed Shiite militia Hezbollah denies involvement in the Feb. 14, 2005, truck bombing that killed Hariri and 22 others, including the suicide bomber, in Beirut.


Report: OSU pays players' lawyer $142,000
Headline News | 2011/10/14 10:16

The Ohio State Lantern is reporting that the university has paid a Columbus law firm nearly $142,000 to represent players during recent NCAA investigations into the eligibility of several Buckeyes athletes.

The student newspaper reports that the firm of Crabbe, Brown and James LLP has been paid $141,814.30 as of mid-September. Ohio State spokeswoman Shelly Hoffman confirmed the total.

Larry James, who has represented several suspended players, says the money has not come from the university's general fund but directed questions to Ohio State.

Ohio State has had players suspended from three different NCAA investigations over the past 10 months, including accepting improper benefits from a tattoo-parlor owner, taking too much in pay for summer jobs and receiving money to attend a charity event. The university is awaiting a ruling from the NCAA for the violations.



Ex-Justice Stevens optimistic about court's future
Headline News | 2011/10/11 10:20
Retired U.S. Supreme Court Justice John Paul Stevens spent much of his 35 years on the court disagreeing with the majority, but he's bullish about the institution.

At a talk Monday at Princeton University, his biggest applause line was for his shortest answer. The question: Are you optimistic about the future of the court and the Constitution?

His answer: "Yes."

The 91-year-old retired justice had a public conversation with Princeton Provost Christopher Eisgruber, who served as a clerk for him in the 1989-1990 court session.

His talk came a week after the publication of his book "Five Chiefs," about the three chief justices he served under and the two others he got to know earlier in his legal career as a clerk and a lawyer.

Stevens, famous for his bow ties, donned one in Princeton black and orange for the occasion. During a tenure that was the third-longest in court history, he also became famous for disagreeing with the court's majority. Stevens was appointed by Republican President Gerald Ford, and by the time he left last year, he was perhaps the most reliably liberal member of the court. About half his 1,400 opinions were dissents

For some Princeton students, that made him a hero. One woman wore a T-shirt that said, "I (heart) JPS."

Stevens has regrets about upholding a Texas capital punishment law and wishes the court would change positions on sovereign immunity and allow lawsuits against the government.

Yet he's happy with the way the court works.

He appeared a bit taken aback when one student asked him if the court should have a way to enforce its own rulings. "It's true that the court has to rely on the executive branch," he said. "But I don't think that's ever been a problem."

He also that by the time he joined the court in 1975, it was a congenial place — something he said wasn't the case when he was a clerk there himself in 1947.


Alberto Gonzales joins Nashville law firm
Headline News | 2011/10/06 14:15
Former U.S. Attorney General Alberto Gonzales, the first Hispanic attorney general in U.S. history, has joined one of Nashville’s largest law firms and will play a role in mentoring younger lawyers.

Gonzales, 56, will focus on government relations, government investigations and white-collar defense for Waller Lansden Dortch & Davis LLP, the firm said Wednesday.

He also will be involved in the firm’s diversity initiatives, which include a mentoring program.

“It is a great honor for me to join Waller Lansden, a firm that I greatly admire,” Gonzales said in a statement. “Waller Lansden has a reputation for providing incisive legal representation while caring deeply for its clients. The firm’s breakthrough initiatives to encourage diversity in the workplace are admirable.”

Gonzales became the first Hispanic attorney general in U.S. history when President George W. Bush appointed him in 2005.

But he left the post in 2007 under a cloud of controversy stemming from allegations that, under his watch, the U.S. Justice Department improperly hired and fired several U.S. attorneys for political reasons.


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