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Connecticut Governor Will Get His 6th Supreme Court Pick
Lawyer News | 2017/11/03 16:59
When Gov. Dannel P. Malloy makes his pick for the next Connecticut chief justice, the Democrat will have nominated six of the seven people serving on the state's highest court — a rare feat in the history of the governorship.

Lawyers and other legal affairs observers say the court is rarely partisan, focusing mostly on interpretations of state law that often result in 7-0 rulings.

Occasionally, though, a case comes along that exposes an ideological rift, as it did in a 4-3 ruling that abolished the state's death penalty in 2015 when the majority and minority criticized each other in dueling opinions. Two cases currently before the court may also expose such a rift — a lawsuit against gunmaker Remington Arms in connection with the 2012 Newtown school massacre and a lawsuit challenging the way the state funds local education.

"They're not as controversial as you see at the federal level," said Proloy Das, a Hartford-based lawyer who chairs the appellate practice group at the Murtha Cullina law firm. "Our values aren't all that different across the state."

Das and other observers say the biggest impact of the Malloy nominations may be increased diversity on the court.

Malloy-nominated Justices Richard Robinson and Raheem Mullins are black. Newly appointed Justice Maria Araujo Kahn is one of two full-time female justices, joining soon-to-be-retiring Chief Justice Chase Rogers, who was nominated by Republican former Gov. M. Jodi Rell. And Justice Andrew McDonald, also picked by Malloy, is the court's first openly gay member.


Indonesia court upholds seizure of illegal fishing vessel
Lawyer News | 2017/10/28 18:52
Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters.

Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime.

Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing.

The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry.

Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing.


Burundi becomes 1st to leave International Criminal Court
Lawyer News | 2017/10/27 18:52
Burundi has become the first country to withdraw from the International Criminal Court, but officials say the court's prosecutor will move ahead with an examination of the East African nation's deadly political turmoil.

An ICC spokesman confirmed that the pullout took effect Friday, a year after Burundi notified the United Nations secretary-general of its intention to leave the court that prosecutes the world's worst atrocities.

Burundi is the only one of three African nations to go ahead with withdrawal after they made moves last year to leave amid accusations that the court focuses too much on the continent. South Africa's withdrawal was revoked in March. Gambia's new government reversed its withdrawal in February.

On Friday, Burundi's justice minister called the ICC withdrawal "a great achievement" in reinforcing the country's independence. Aimee Laurentine Kanyana also called on police and prosecutors to respect human rights so that "white people" won't have "false proofs to rely on in accusing Burundi."

Burundi's withdrawal doesn't affect the preliminary examination of the country's situation already underway by the court's prosecutor, ICC spokesman Fadi El Abdallah told The Associated Press. That examination began in April 2016.

Burundi has faced deadly political turmoil since April 2015, when President Pierre Nkurunziza announced plans to seek a disputed third term that he ultimately won.




Abortion clinic seeks to sue Ohio over budget restrictions
Lawyer News | 2017/09/24 11:42
A Cleveland abortion clinic asked Ohio's high court on Tuesday to grant it legal standing to sue over abortion-related restrictions tucked into the state's 2013 budget bill.

Preterm of Cleveland argued that the provisions impose added administrative and caseload burdens that clearly qualify the clinic to proceed with its constitutional challenge to the manner in which the bill was put together.

The clinic's attorney, B. Jessie Hill, told justices significant new hurdles are not required to meet the legal burden for standing.

"We have to do something we didn't have to do before: We have to enter into a new contract every two years," she said. "That's all we need to demonstrate."

The clinic disputes budget provisions that required more frequent renewal of a clinic's emergency transfer agreement with a local hospital after prohibiting public hospitals from participating and required testing for a fetal heartbeat before an abortion can be performed.

The state's attorney, Ryan Richardson, argued the clinic has not demonstrated true or threatened harm and so can't legally sue.

"As this court has said, really the essence of standing is having a plaintiff that has a direct and concrete stake in the issues, so that the plaintiff is able to properly sharpen the issues for the court's resolution," she said. "Bringing a plaintiff who is not directly affected impacts the ability to properly present the facts and legal issues that the court needs to properly adjudicate the case."

The lawsuit comes amid abortion clinic closures across Ohio that have coincided with falling abortion rates.



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