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US high court says Nevada can ban brothel ads
Lawyer Blog News | 2011/02/25 10:49
The Supreme Court is refusing to invalidate Nevada laws banning newspaper advertisements that identify places where prostitution is legal.

The court refused to hear on Tuesday an appeal from two newspaper companies, the American Civil Liberties Union and a Nye County brothel called the Shady Lady Ranch.

Laws went into effect in Nevada in 1979 that prohibited brothel advertising in counties where prostitution is illegal. Prostitution is illegal in five counties, which include Las Vegas and Reno, and 10 Nevada counties authorize prostitution by local ordinance.

A federal judge said the laws were overly broad and unconstitutional, but the judgment was overturned by the 9th U.S. Circuit Court of Appeals. The Supreme Court upheld that ruling.



Iowa bill on same-sex marriage licenses in trouble
Lawyer Blog News | 2011/02/24 17:02

A measure that would bar Iowa county officials from issuing marriage licenses to same-sex couples faces a bleak future as it sits in a House committee.

Top Republicans on Thursday said they have no plans to debate the issue, viewing it a nod to the party's social conservative wing. Top Democrats argue the measure is unconstitutional and violates a 2009 Iowa Supreme Court decision striking down a state law defining marriage as being between one man and one woman.

Backers say introducing the measure is one more opportunity to voice their displeasure with how the marriage issue has been handled.

Republican Rep. Betty De Boef (dee-BUFF') says the issue has been handled badly and that some lawmakers want to take every opportunity to make that point.



NY suburb appealing federal voting-rights ruling .
Lawyer Blog News | 2011/02/23 18:50

A village outside New York City has decided to appeal to a federal court ruling that led to an unusual voting system and the election of its first Hispanic trustee.

The Port Chester board of trustees voted 4-2 Tuesday night to hire a law firm to appeal a finding that local elections were unfair to Hispanics.

The board authorized up to $225,000 in taxpayer funds for the appeal, an amount that would grow if the case were retried. The village spent about $1.2 million on the original case.

"We are confident we have a powerful appeal," village spokesman Aldo Vitagliano said Wednesday. He said a recent Supreme Court case has bolstered Port Chester's contention that white support for Hispanic candidates in previous elections was strong enough to satisfy the federal Voting Rights Act.

In a letter to the Journal News of White Plains earlier this month, trustee Joseph Kenner said an appeal could "remove the shameful and unwarranted stigma of the judge's ruling."

The Department of Justice, which brought the case, had no comment, said spokesman Herb Hadad.



Court turns down campaign disclosure challenge
Lawyer Blog News | 2011/02/22 16:47

The Supreme Court has rejected an appeal challenging campaign disclosure laws in Washington state.

The court on Tuesday let stand without comment a federal appeals court ruling that upheld the state's disclosure requirements. Human Life of Washington challenged the requirements as a violation of the First Amendment. The group didn't want to reveal its donors in a 2008 campaign opposing an assisted suicide ballot measure.

The San Francisco-based 9th U.S. Circuit Court of Appeals said the disclosure requirements "have become an important part of our First Amendment tradition."



Pa. judge guilty of racketeering in kickback case
Lawyer Blog News | 2011/02/21 09:51

A former juvenile court judge defiantly insisted he never accepted money for sending large numbers of children to detention centers even after he was convicted of racketeering for taking a $1 million kickback from the builder of the for-profit lockups.

Former Luzerne County Judge Mark Ciavarella was allowed to remain free pending sentencing following his conviction Friday in what prosecutors said was a "kids for cash" scheme that ranks among the biggest courtroom frauds in U.S. history.

Ciavarella, 61, left the bench in disgrace two years ago after he and a second judge, Michael Conahan, were accused of using juvenile delinquents as pawns in a plot to get rich. The Pennsylvania Supreme Court has dismissed 4,000 juvenile convictions issued by Ciavarella, saying he sentenced young offenders without regard for their constitutional rights.

Ciavarella maintained the payments were legal and denied that he incarcerated youths for money.

"Never took a dime to send a kid anywhere. ... Never happened. Never, ever happened. This case was about extortions and kickbacks, not about 'kids for cash,'" said Ciavarella, who plans to appeal.



Scandal-ridden CA city's leaders ordered to trial
Lawyer Blog News | 2011/02/17 17:05
For nearly two weeks the judge listened patiently as lawyers for the mayor, vice mayor and others accused of looting a modest, blue-collar city of millions of dollars painted a picture of their clients as tireless community servants who did any number of good deeds for the poor, elderly and others.

But in the end, Superior Court Judge Henry Hall ruled Wednesday that none of that counted. What mattered, the judge said, was that the six had illegally raised their salaries to 20 times above what state law allows and would have to stand trial on nearly two dozen felony counts of misappropriation of public funds. He ordered them to return to court March 2 for arraignment.

In a lengthy, strongly worded statement from the bench that several defense attorneys said caught them by surprise, Hall suggested the six could have been charged with even more crimes. He also ordered that they stay 100 yards away from City Hall and not engage in any government activity involving Bell.

"I find this is a matter of grave public safety to the people of Bell," he said in issuing his stay-away order. He added that he had considered putting five of the six who are free on bail back in jail to ensure compliance, but decided not to go that far.

When told by Mayor Oscar Hernandez's attorney that his order would effectively shut down Bell's city government, Hall replied that Hernandez and other officials had been skipping City Council meetings for months since the Bell salary scandal broke, preventing the council from having enough members to meet anyway.



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