State Government

Theists-only policy for legislative prayers is constitutional, 3rd Circuit rules

The Pennsylvania House of Representatives didn’t violate the Constitution when it barred nonbelievers from delivering prayers before legislative sessions, a federal appeals court has ruled. The Philadelphia-based 3rd U.S. Circuit Court of Appeals upheld the “theists-only” policy in a 2-1 decision on Friday. How Appealing links to the opinion and…

Aug 28, 2019 11:01 AM CDT

Cellphone use in courthouses is an ‘access-to-justice issue,’ ABA House says

The ABA House of Delegates on Tuesday approved a resolution encouraging courts and bar associations to review their policies on the use and admittance of cellphones in courthouses.

Aug 13, 2019 2:31 PM CDT

Contentious resolution seeking to redefine consent in sexual assault cases is postponed

The ABA House of Delegates has postponed indefinitely a resolution that would call on legislatures and courts to redefine the consent standard in sexual assault cases, after contentious debate Monday at the ABA Annual Meeting in San Francisco.

Aug 12, 2019 10:20 PM CDT

Federal judge appears likely to certify unusual ‘negotiation’ class for nation’s cities in massive opioid case

A federal judge in Cleveland appears ready to approve a “negotiation” class representing the nation’s 33,000 cities, towns and counties to try to achieve a settlement in opioid litigation.

Aug 7, 2019 10:03 AM CDT

ACLU sues after Alaska governor cuts court budget to protest abortion ruling

The American Civil Liberties Union of Alaska contends that the state’s governor violated the separation of powers when he used a line-item veto to cut the court budget to protest abortion-related rulings. The ACLU filed a lawsuit last Wednesday seeking an injunction to prevent the budget cut by Alaska Gov.…

Jul 24, 2019 12:50 PM CDT

Police officers illegally use information from arrests that have been sealed, lawsuit says

When a man named J.J. was arrested in the Bronx in 2016, the public defenders assigned to represent him assumed he’d get a good plea deal. After all, it appeared to be a low-level case. J.J. had been a passenger in his friend’s car when police had pulled them over for allegedly failing to signal a turn; the officers then searched the vehicle and found an unlicensed gun inside.

Jul 19, 2019 5:00 PM CDT

ACLU sues state police, alleging they’re acting as immigration authorities

Pennsylvania State Police troopers have routinely violated the law by stopping and holding people based solely on their Latino appearance, terrifying drivers and passengers while usurping federal authority to investigate supposed immigration violations, the ACLU claims in a federal lawsuit filed recently.

Jul 9, 2019 1:29 PM CDT

Criminal cases that involved lawyers’ spitting and shoving match are resolved

Two cases brought by a personal injury lawyer and the father of another attorney after they got into a spitting and shoving match are no longer sitting in criminal court in Providence, Rhode Island. Last week, Rhode Island Attorney General Peter Neronha filed the assault case against attorney Stephen J.…

Jul 3, 2019 2:51 PM CDT

Lawyer charged after smuggling binders of drugs to client in prison

A Baltimore lawyer has been arrested and charged with smuggling drugs to a client in a Maryland prison. Steven Thurman Mitchell brought two binders to his client, Mandel Brown, during a visit to the Roxbury Correctional Institution on Friday and attempted to leave without them, according to a Maryland Department…

Jul 2, 2019 3:01 PM CDT

Ongoing lawsuits delay start date for health care ‘conscience rights’ rule

A new federal rule that will allow health care workers to refuse to provide medical care based on religious or moral grounds will go into effect in November instead of July as initially scheduled. The Department of Health and Human Services, which issued the Protecting Statutory Conscience Rights in Health…

Jul 2, 2019 12:18 PM CDT

This state is set to expunge nearly 800,000 marijuana convictions in 2020

Illinois residents will automatically receive clemency for convictions of up to 30 grams of cannabis after a new state law goes into effect in 2020. The Cannabis Regulation & Tax Act, signed by Gov. J.B. Pritzker last week, makes cannabis legal for people age 21 and older and offers relief…

Jul 1, 2019 3:54 PM CDT

AG Barr announces funding, future plans to address public safety crisis in rural Alaska

A month after U.S. Attorney General William Barr visited Alaska to investigate the high rates of sexual assault and family violence and low police presence in rural communities, he has declared a law enforcement emergency in the state.

Jul 1, 2019 9:35 AM CDT

Supreme Court strikes down residency requirement for Tennessee liquor retailers

A residency requirement for liquor retailers in Tennessee violates the commerce clause, the U.S. Supreme Court ruled Wednesday in a 7-2 opinion. At issue was a two-year residency requirement for individuals and corporate officers seeking an initial liquor license for retail sales. In the court’s majority opinion, Justice Samuel A.…

Jun 26, 2019 2:24 PM CDT

New York legislature OKs ban on gay and trans ‘panic defenses’

New York is poised to join the increasing number of states that are banning gay and trans “panic defenses” in murder cases. As the ABA Journal reported in January, legislatures have increasingly considered this type of ban.

Jun 26, 2019 6:00 AM CDT

Liberating criminal justice data: How a Florida law provides a blueprint for the nation

In a self-imposed Sisyphean task, the team at Measures for Justice travels the U.S. unearthing, collecting and publishing criminal justice data. Today, Christian Gossett, district attorney for Winnebago County, Wisconsin, says more people are being released quicker pretrial, and he’s working with researchers to improve equity in diversion, thanks to the initial data made available by Measures for Justice.

Jun 18, 2019 6:30 AM CDT