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Another blow for state's anti-eavesdropping law
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2012/11/27 22:07
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The U.S. Supreme Court on Monday delivered another blow to a 50-year-old anti-eavesdropping law in Illinois, choosing to let stand a lower court finding that key parts of the hotly debated law run counter to constitutional protections of free speech.
In that critical lower-court ruling in May, the 7th U.S. Circuit Court of Appeals found that the law — one of the toughest of its kind in the country — violates the First Amendment when used against those who record police officers doing their jobs in public.
Civil libertarians say the ability to record helps guard against police abuse. The law's proponents, however, say it protects the privacy rights of officers and civilians, as well as ensures that those wielding recording devices don't interfere with urgent police work.
The Illinois Eavesdropping Act, enacted in 1961, makes it a felony for someone to produce an audio recording of a conversation unless all the parties involved agree. It sets a maximum punishment of 15 years in prison if a law enforcement officer is recorded.
As it drew the ire of civil liberties groups, state legislators endeavored to soften the law earlier this year, but those efforts stalled. The high-court's decision could prompt a renewed push to overhaul it.
But state Rep. Elaine Nekritz, a vocal opponent of the law, said court decisions hitting at its constitutionality could effectively nullify the most contentious aspects of the law and make further legislative action unnecessary. |
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Calif. company due in court for Colo. fire deaths
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2011/12/19 11:29
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A California specialty painting company is expected to plead guilty in the 2007 deaths of five workers at a Colorado power plant, in the rare prosecution of a company.
RPI Coatings Inc. of Santa Fe Springs, Calif., is expected to plead guilty Monday to five misdemeanor counts of workplace safety violations resulting in death.
During a court hearing earlier this month, Assistant U.S. Attorney Jaime Pena said the company likely would pay a substantial compensation to the victims' survivors as part of a plea deal.
The workers died after a fire broke out inside a pipeline at Xcel Energy's Cabin Creek hydroelectric plant near Georgetown, Colo., about 40 miles west of Denver.
A jury in June acquitted Minneapolis-based Xcel Energy Inc., which owns the power plant, of all criminal charges. The company has paid millions in compensation to the families. |
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Pensions the latest political risk for RI governor
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2011/10/31 08:40
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In 10 months in office, Gov. Lincoln Chafee has managed to anger an impressive assortment of constituencies: business leaders and organized labor, medical marijuana advocates and critics of illegal immigration.
It's been a bumpy ride for the nation's only independent governor, who insists he's only doing what is necessary to stabilize government finances and heal the state's frail economy. But so far Chafee is winning criticism faster than compliments, a risky move for a politician without a party elected by less than half of Rhode Island's voters.
This is a tough year — there are no surprises there, Chafee told the Associated Press during a recent interview. This year's budget was one of the worst. ... We're facing a very difficult economy. My belief is the status quo is unacceptable here in Rhode Island. Changes have to be made.
There's no question Chafee took office during one of the most challenging times in Ocean State history. The state's jobless rate remains stubbornly high at 10 percent. The financially troubled city of Central Falls was forced to seek bankruptcy protection. A state budget deficit that once stood at $300 million led to difficult spending cuts even as the state's long-looming pension crisis further destabilized government coffers. |
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State budget cuts clog criminal justice system
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2011/10/27 09:48
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Prosecutors are forced to ignore misdemeanor violations to pursue more serious crimes. Judges are delaying trials to cope with layoffs and strained staffing levels. And in some cases, those charged with violent crimes, even murder, are set free because caseloads are too heavy to ensure they receive a speedy trial.
Deep budget cuts to courts, public defenders, district attorney's and attorney general offices are testing the criminal justice system across the country. In the most extreme cases, public defenders are questioning whether their clients are getting a fair shake.
Exact figures on the extent of the cuts are hard to come by, but an American Bar Association report in August found that most states cut court funding 10 percent to 15 percent within the past three years. At least 26 states delayed filling open judgeships, while courts in 14 states were forced to lay off staff, said the report.
The National District Attorneys Association estimates that hundreds of millions of dollars in criminal justice funding and scores of positions have been cut amid the economic downturn, hampering the ability of authorities to investigate and prosecute cases. |
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Alberto Gonzales joins Nashville law firm
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2011/10/06 09:39
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Former U.S. Attorney General Alberto Gonzales, the first Hispanic attorney general in U.S. history, has joined one of Nashville’s largest law firms and will play a role in mentoring younger lawyers.
Gonzales, 56, will focus on government relations, government investigations and white-collar defense for Waller Lansden Dortch amp; Davis LLP, the firm said Wednesday.
He also will be involved in the firm’s diversity initiatives, which include a mentoring program.
“It is a great honor for me to join Waller Lansden, a firm that I greatly admire,” Gonzales said in a statement. “Waller Lansden has a reputation for providing incisive legal representation while caring deeply for its clients. The firm’s breakthrough initiatives to encourage diversity in the workplace are admirable.”
Gonzales became the first Hispanic attorney general in U.S. history when President George W. Bush appointed him in 2005.
But he left the post in 2007 under a cloud of controversy stemming from allegations that, under his watch, the U.S. Justice Department improperly hired and fired several U.S. attorneys for political reasons. |
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High court appears to favor Ala. death row inmate
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2011/10/05 09:38
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The tale of returned mail and a missed deadline might seem comical, if it did not involve a man trying to stave off execution. Supreme Court justices had harsh words Tuesday for lawyers who abandon their clients and a state legal system that does not seem overly concerned.
At the end of a lively hour of arguments, it appeared that the court would order a new hearing for Alabama death row inmate Cory Maples, who lost the chance to appeal his death sentence because of a mailroom mix-up at the venerable New York law firm Sullivan and Cromwell and the diffidence of a local court clerk.
Two Sullivan and Cromwell lawyers were pressing Maples' claim that his earlier legal representation was so bad that it violated the Constitution -- until they both left the firm without telling Maples or the Alabama courts.
Deadlines usually matter a lot at the Supreme Court, where a few years back a defendant who was late to file an appeal because the judge gave his lawyer the wrong date still lost his case. Another principle to which the court often holds dear is that it's tough luck for defendants whose lawyers make mistakes.
But Tuesday's case, perhaps because it involves the death penalty, was the rare instance when the court seemed prepared to grant some leeway on both counts. |
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Tech blogger won't be charged in Apple iPhone case
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2011/08/11 09:29
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Prosecutors said Wednesday that they will not bring charges against a tech blogger who bought an Apple iPhone prototype after it was found at a bar in March 2010 in a case that ignited an unusual First Amendment debate.
San Mateo County Assistant District Attorney Morley Pitt said charges were not filed against Gizmodo.com's Jason Chen or other employees, citing California's shield law that protects the confidentiality of journalists' sources.
The difficulty we faced is that Mr. Chen and Gizmodo were primarily, in their view, engaged in a journalistic endeavor to conduct an investigation into the phone and type of phone it was and they were protected by the shield law, said Pitt.
We concluded it is a very gray area, they do have a potential claim and this was not the case with which we were going to push the envelope.
Chen's house was raided and his computer seized after Gizmodo posted images of the prototype. The website and other media organizations objected, saying the raid was illegal because state law prohibits the seizure of unpublished notes from journalists.
We feel there was not a crime to begin with and still believe that, and are pleased the DA's office has an appropriate respect for the First Amendment, said Thomas J. Nolan Jr., a lawyer for Chen. |
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