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North Carolina Supreme Court to revisit school funding
Lawyer News | 2023/03/06 09:03
A ruling by the North Carolina Supreme Court on Friday siding with the state controller means the court will revisit a school funding case in which an earlier lineup of justices issued a landmark opinion just four months ago.

In a 5-2 decision, the Supreme Court restored enforcement of a 2021 order by the Court of Appeals that stopped the controller from transferring money from state coffers to agencies for education purposes without the General Assembly’s express approval. A trial judge had directed the controller’s predecessor to transfer the funds — an action the Supreme Court upheld in November. Two new justices joined the bench in January, altering the court’s partisan makeup.

A lawyer for current Controller Nels Roseland told the Supreme Court last month that Roseland remained worried that he or his staff could face criminal and civil penalties for making the transfer with several issues unaddressed. The controller keeps the state’s books and manages cash flow.

A lawyer for current Controller Nels Roseland told the Supreme Court last month that Roseland remained worried that he or his staff could face criminal and civil penalties for making the transfer with several issues unaddressed. The controller keeps the state’s books and manages cash flow.


Military police enforce driving ban in snow-stricken Buffalo
Lawyer News | 2022/12/27 09:44
State and military police were sent Tuesday to keep people off Buffalo’s snow-choked roads, and officials kept counting fatalities three days after western New York’s deadliest storm in at least two generations.

Amid some signs of progress — suburban roads reopened and emergency response service was restored — County Executive Mark Poloncarz warned that police would be stationed at entrances to Buffalo and at major intersections to enforce a ban on driving within New York’s second-most populous city.

“Too many people are ignoring the ban,” Poloncarz, a Democrat, said at a news conference.

The National Weather Service predicted that as much as 2 inches (2.5 to 5 centimeters) more snow could fall Tuesday in Erie County, which includes Buffalo and its 275,000 residents. County Emergency Services Commissioner Dan Neaverth Jr. said officials also were somewhat concerned about the potential for flooding later in the week, when the weather is projected to warm and start melting the snow.

The rest of the United States also was reeling from the ferocious winter storm, with at least an additional two dozen deaths reported in other parts of the country, and power outages in communities from Maine to Washington state.


Hong Kong asks Beijing to step in into row over UK lawyer
Lawyer News | 2022/11/28 15:53
Hong Kong’s leader said on Monday he will ask Beijing to rule whether to let foreign lawyers be involved in national security cases after the city’s top court allowed a prominent pro-democracy publisher to hire a British lawyer for his upcoming trial.

John Lee said the government would ask for a postponement of Jimmy Lai’s high-profile trial that was due to start Thursday. But he did not offer a timetable for the interpretation that could effectively preempt the court judgment.

“At present, there is no effective means to ensure that a counsel from overseas will not have conflict of interest because of his nationality. And there is also no means to ensure that he has not been coerced, compromised, or in any way controlled by foreign governments, associations or persons,” he said.

The move was targeting overseas counsels who do not have the general practice qualification to carry out legal service in Hong Kong, he added.

Lai, the founder of the now-defunct Apple Daily and one of the most prominent figures in the city’s pro-democracy movement, was arrested after Beijing imposed a tough national security law to crack down on dissent following widespread protests in 2019. He faces collusion charges and a maximum penalty of life imprisonment.

While the city’s secretary for justice was appealing an earlier ruling that approved Lai to hire a veteran British lawyer at the top court, pro-Beijing politicians and newspapers also voiced objections over the last few days.


Same-sex marriage is now legal in all of Mexico’s states
Lawyer News | 2022/10/27 13:42
Lawmakers in the border state of Tamaulipas voted Wednesday night to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions.

The measure to amend the state’s Civil Code passed with 23 votes in favor, 12 against and two abstentions, setting off cheers of “Yes, we can!” from supporters of the change.

The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.

The president of the Supreme Court of Justice of the Nation, Arturo Zaldívar, welcomed the vote. “The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,” he said on Twitter.

A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.

In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.


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