Tuesday, March 23, 2021

Philippine Supreme Court slams killings of lawyers, judges

The Philippine Supreme Court on Tuesday condemned the alarming number of killings and threats against lawyers and judges. One legal group has said these attacks are considerably higher under President Rodrigo Duterte compared to the past 50 years under six former presidents. The 15-member high court asked lower courts, law enforcement agencies and lawyers and judges’ groups to provide information about such attacks in the last 10 years, in order for the court to take preemptive steps. The attacks, it said, endanger the rule of law in an Asian bastion of democracy. “To threaten our judges and our lawyers is no less than an assault on the judiciary. To assault the judiciary is to shake the very bedrock on which the rule of law stands,” the high court said in a rare, strongly-worded censure of the attacks. “This cannot be allowed in a civilized society like ours.” The court said it would not “tolerate such acts that only perverse justice, defeat the rule of law, undermine the most basic of constitutional principles and speculate on the worth of human lives.” The Free Legal Assistance Group, a prominent group of lawyers, said at least 61 lawyers have been killed in the five years of Duterte’s presidency compared to at least 25 lawyers and judges slain under six presidents since 1972, when dictator Ferdinand Marcos placed the Philippines under martial law. Lawyers’ groups said the court’s denunciation was long overdue but nevertheless welcomed it. “We have been sounding out the clarion call and providing information and concrete recommendations for the longest time,” said lawyer Edre Olalia, who heads the left-wing National Union of People’s Lawyers. A number of lawyers who represented suspected drug dealers or were linked to the illegal drug trade were among those gunned down under Duterte’s rule. When he took office in mid-2016, Duterte launched a massive anti-drug crackdown that has left more than 6,000 mostly petty suspects dead and alarmed Western governments and human rights groups.

Monday, March 15, 2021

Colorado court: Speed-reading bills violates constitution

The Colorado Supreme Court has ruled that state Senate Democrats violated the constitution in 2019 when they responded to Republicans’ request that bills be read at length by having computers speed-read the bills in an intelligible garble. The Colorado Sun reports that in a 4-3 ruling released Monday, the court ruled the speed-reading tactic violated the constitution’s mandate that legislation be read at length upon request. “There are unquestionably different ways by which the legislature may comply with the reading requirement,” Justice Carlos Samour Jr. wrote in the majority opinion. “But the cacophony generated by the computers here isn’t one of them.” Minority Senate Republicans were trying to delay Democrats’ attempts to overhaul oil and gas regulations by asking that bills be read aloud ? including a 2,000-page measure. When Democrats resorted to computers, Republicans sued. A lower court found for the minority party. In a dissenting opinion, Justice Monica M. Marquez wrote that the court should give direction on how legislation ought to be read in the future. In 2019, Democrats began negotiating with Republicans to avoid further stalling tactics ? and the GOP has since slowed down work on other occasions to force Democrats to make deals.

Wednesday, March 3, 2021

Supreme Court likely to uphold Arizona voting restrictions

The Supreme Court appeared ready Tuesday to uphold voting restrictions in Arizona in a key case that could make it harder to challenge a raft of other voting measures Republicans have proposed following last year’s elections. All six conservative justices, appointed by Republican presidents, suggested they would throw out an appellate ruling that struck down the restrictions as racially discriminatory under the landmark Voting Rights Act. The three liberal members of the courts, appointed by Democrats, were more sympathetic to the challengers. Less clear is what standard the court might set for how to prove discrimination under the law, first enacted in 1965. The outcome could make it harder, if not impossible, to use the Voting Rights Act to sue over measures making their way through dozens of Republican-controlled state legislatures that would make it more difficult to vote. Civil rights group and Democrats, argue that the proposed restrictions would disproportionately affect minority voters, important Democratic constituencies. Democrats in Congress, meanwhile, have proposed national legislation that would remove obstacles to voting erected in the name of election security.

Sunday, February 21, 2021

Missouri medical marijuana lawyers worry about discipline

Attorneys who represent clients in the medical marijuana industry are concerned they might face discipline under a state Supreme Court directive that appears to put federal law in conflict with state law. The directive, which took effect July 1, says attorneys cannot participate in — or advise clients how to participate in — acts that are illegal under federal law but legal under state law. Medical marijuana is illegal under federal law but was approved by Missouri voters in 2018. Attorney Dan Viets, of Columbia, who represents medical marijuana clients, said he recently asked the state Supreme Court Advisory Committee whether he could be disciplined under the directive, The St. Louis Post-Dispatch reported. Viets said attorneys drafting the 2018 constitutional amendment legalizing medical marijuana anticipated the conflict and included protections in the amendment’s text for attorneys working in the legal marijuana industry. The Missouri amendment says, in part: “An attorney shall not be subject to disciplinary action by the state bar association or other professional licensing body for owning, operating, investing in, being employed by, contracting with, or providing legal assistance to prospective or licensed” medical cannabis businesses. “I was very concerned,” Viets said, adding the state Supreme Court’s directive “appears to contradict the Missouri Constitution. ... I just don’t understand how the court can do that.” The Supreme Court’s ruling followed the filing of more than 800 lawsuits by medical marijuana entrepreneurs who had been denied business licenses by the state after a controversial application process. Beth Riggert, spokeswoman for the Missouri Supreme Court, said the court would not comment on the order.

Monday, February 1, 2021

More protests called in Moscow to demand Navalny’s release

Moscow braced for more protests seeking the release of jailed opposition leader Alexei Navalny, who faces a court hearing Tuesday after two weekends of nationwide rallies and thousands of arrests in the largest outpouring of discontent in Russia in years. Tens of thousands filled the streets across the vast country Sunday, chanting slogans against President Vladimir Putin and demanding freedom for Navalny, who was jailed last month and faces years in prison. Over 5,400 protesters were detained by authorities, according to a human rights group. One of those taken into custody for several hours was Navalny’s wife, Yulia, who was ordered Monday to pay a fine of about $265 for participating in an unauthorized rally. While state-run media dismissed the demonstrations as small and claimed that they showed the failure of the opposition, Navalny’s team said the turnout demonstrated “overwhelming nationwide support” for the Kremlin’s fiercest critic. His allies called for protesters to come to the Moscow courthouse on Tuesday. “Without your help, we won’t be able to resist the lawlessness of the authorities,” his politician’s team said in a social media post. Mass protests engulfed dozens of Russian cities for the second weekend in a row despite efforts by authorities to stifle the unrest triggered by the jailing of 44-year-old Navalny. He was arrested Jan. 17 upon returning from Germany, where he spent five months recovering from nerve-agent poisoning that he blames on the Kremlin. Russian authorities reject the accusation. He faces a prison term for alleged probation violations from a 2014 money-laundering conviction that is widely seen as politically motivated. Last month, Russia’s prison service filed a motion to replace his 3 1/2-year suspended sentence from the conviction with one he must serve. The Prosecutor General’s office backed the motion Monday, alleging Navalny engaged in “unlawful conduct” during the probation period.

Thursday, January 21, 2021

Woman accused of helping steal Pelosi laptop freed from jail

A Pennsylvania woman facing charges that she helped steal a laptop from the office of House Speaker Nancy Pelosi during the attack on the U.S. Capitol will be released from jail, a federal judge decided Thursday. U.S. Magistrate Judge Martin Carlson directed that Riley June Williams be released into the custody of her mother, with travel restrictions, and instructed her to appear Monday in federal court in Washington to continue her case. “The gravity of these offenses is great,” Carlson told Williams. “It cannot be overstated.” Williams, 22, of Harrisburg, is accused of theft, obstruction and trespassing, as well as violent entry and disorderly conduct on Capitol grounds. Carlson noted Williams has no prior criminal record. The FBI says an unidentified former romantic partner of Williams tipped them off that she appeared in video from the Jan. 6 rioting and the tipster claimed she had hoped to sell the computer to Russian intelligence. Williams’ defense lawyer, Lori Ulrich, told Carlson the tipster is a former boyfriend who had been abusive to Williams and that “his accusations are overstated.” Video from the riot shows a woman matching Williams’ description exhorting invaders to go “upstairs, upstairs, upstairs” during the attack, which briefly disrupted certification of President Joe Biden’s electoral victory. “It is regrettable that Ms. Williams took the president’s bait and went inside the Capitol,” Ulrich told the judge. Williams surrendered to face charges on Monday. She was expected to leave the county jail in Harrisburg later Thursday, and will be on electronic monitoring to await trial.

Monday, January 11, 2021

Supreme Court won't hear PA abortion clinic free speech case

The Supreme Court is declining to get involved in a case about free speech outside a Pittsburgh abortion clinic. The high court turned away the case Monday. The court's decision not to hear the case leaves in place a 2019 appeals court decision that upheld a Pittsburgh ordinance creating a 15-foot “buffer zone” where protests are barred around entrances to health care facilities. The decision by the 3rd U.S. Circuit Court of Appeals allowed “sidewalk counseling” within that zone. The appeals court said the city can restrict congregating, picketing, patrolling and demonstrating in the immediate vicinity of clinics, but the zone restrictions do not apply to “calm and peaceful” one-on-one conversations by anti-abortion activists seeking to speak with women entering a clinic. Justice Clarence Thomas wrote that he agreed with the court's decision not to take up this particular case because it "involves unclear, preliminary questions about the proper interpretation of state law." But he said the court should take up the issue of buffer zones in an appropriate case.