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California court charging for online access
Press Release | 2014/05/16 14:39
A Northern California county has begun charging people to look at civil court records online — part of a trend at cash-strapped courthouses around the state that is raising concerns among some lawyers and public access groups, a newspaper reported.

As of April 23, Alameda County Superior Court charges $1 for each of the first five pages of a civil court record downloaded online, the Oakland Tribune reported on Monday.

The per-page viewing cost drops to 50 cents after the fifth page, and there is a $40 maximum charge for any single document.

Sacramento County Superior Court is implementing a similar fee structure this summer, the Tribune reported. Fees in the Los Angeles County Superior Court system start at $4.75 for each record search. Santa Clara County plans to begin charging in two to four years, according to the Tribune.

Court officials say the fees help make up for cuts in state aid.

"There's a budget crisis in the courts," said Teresa Ruano, spokeswoman for the state's Administrative Office of the Courts. "Revenue is part of the solution, a small part of the solution."

Each court decides whether it wants to charge a fee for records, though the state sets the maximum amount that can be charged for both paper and online records. Some counties don't put records online, forcing people to come in and visit the clerk's office.


Bankrupt Stockton defends financial plan in court
Press Release | 2014/05/13 11:30
The largest city in California to file for bankruptcy protection is asking a judge Monday to approve its plan for reorganizing more than $900 million in long-term debt to rescue the city from two years of financial uncertainty.

Standing in Stockton's way is Franklin Templeton Investments, which says the city is treating it unfairly. In 2009, Templeton loaned Stockton $35 million to build firehouses, parks and move its police dispatch center. Franklin says the city today is offering it $350,000.

The city has reached deals with all of its major creditors, except for Franklin, which is taking Stockton to a trial before U.S. Bankruptcy Judge Christopher Klein.

Stockton's bankruptcy attorney Marc Levinson recently told the City Council that he knows Franklin isn't happy. "We are choosing our battles and fighting where we have to fight and making deals where we can," Levinson said.

An inland port city 80 miles east of San Francisco, Stockton filed for Chapter 9 protection in 2012, making it the nation's largest bankrupt city before Detroit filed for bankruptcy last year. Vallejo went through bankruptcy before Stockton. San Bernardino filed shortly after Stockton, but it has yet to present an exit plan.


Court revives EPA rule on cross-state pollution
Press Release | 2014/04/29 15:51
The Supreme Court has given the Environmental Protection Agency an important victory in its effort to reduce power plant pollution that contributes to unhealthy air in neighboring states.

The court's 6-2 decision Tuesday means that a rule adopted by EPA in 2011 to limit emissions from plants in more than two-dozen Midwestern and Southern states can take effect. The pollution drifts into the air above states along the Atlantic Coast and the EPA has struggled to devise a way to control it.

Power companies and several states sued to block the rule from taking effect, and a federal appeals court in Washington agreed with them in 2012.

Justice Ruth Bader Ginsburg wrote the court's majority opinion. Justices Antonin Scalia and Clarence Thomas dissented.


Court: School ban of US flag shirts allowed
Press Release | 2014/02/28 14:29
A Northern California high school's decision to order students wearing American flag T-shirts to turn the garments inside out during a celebration of the holiday Cinco de Mayo was appropriate, a federal appeals court ruled Thursday.

The 9th U.S. Circuit Court of Appeals said the school officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.

The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.

"Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence," Judge M. Margaret McKeown wrote for the panel. The past events "made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real," she wrote.

The case garnered national attention as many expressed outrage that students were barred from wearing patriotic clothing. The Ann Arbor, Mich.-based American Freedom Law Center, a politically conservative legal aid foundation, and other similar organizations took up the students' case and sued the high school and the school district.

William Becker, one of the lawyers representing the students, said he plans to ask a special 11-judge panel of the appeals court to rehear the case. Becker said he would appeal to the U.S. Supreme Court if he loses again.


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