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High court rejects appeal over Homeland Security records
Court Watch | 2016/01/19 00:18
The Supreme Court won't hear an appeal from a public interest group seeking to get internal records from the Department of Homeland Security about its protocol for shutting down wireless networks during emergencies.

The justices on Monday let stand an appeals court ruling that said the agency could refuse to release the documents under an exception to the Freedom of Information Act for disclosures that could endanger lives.

The Electronic Privacy Information Center argued that the appeals court construed the law too broadly so that the government could conceal any records by claiming they concern security measures.

The U.S. Court of Appeals for the District of Columbia Circuit said the agency didn't need to specify exactly whose life would be endangered.



Judge approves tea party group's lawsuit against IRS
Court Watch | 2016/01/17 00:19
A federal judge in Ohio has approved class-action status for a tea party group's lawsuit stemming from IRS delays in approving nonprofit status for conservative groups seeking the tax-exemption classification.
 
The NorCal Tea Party Patriots sued the IRS, along with workers and officials in Cincinnati and Washington, after it was revealed in 2013 that the IRS delayed approving conservative groups for the nonprofit status. The FBI investigated, but no criminal charges were filed.

The Cincinnati Enquirer reports a U.S. District Court judge in Cincinnati granted class-action status Tuesday. That means other affected groups across the country can join the case unless they opt out.

The judge also sealed the case to protect taxpayer records that might be on file with the IRS and the tea party group.



Rome court acquits ex-Vatican accountant of corruption
Headline Legal News | 2016/01/16 00:19
A lawyer for an Italian monsignor who was fired from his Vatican accountant's job says a Rome court has acquitted his client of corruption.

Prosecutors alleged Monsignor Nunzio Scarano was involved in a purported plot to use a private plane to try to smuggle 20 million euros (about $22 million) from Switzerland into Italy to evade taxes. They suspected the money was deposited in Switzerland to avoid Italian taxes.

Defense lawyer Silverio Sica says Scarano was acquitted of the corruption charge on Monday. According to Sica, the court convicted Scarano of slander and gave him a suspended two-year sentence.

Separately, Scarano is on trial in Salerno, Italy, for allegedly using his Vatican bank accounts to launder money. Italian prosecutors said the once highly-secretive Vatican bank amply cooperated in that case.



Ohio's top court declines to change rules on plea deals
Stock Market News | 2016/01/15 00:19
Ohio's top court decided Thursday to continue allowing defendants to plead to lesser crimes that don't bear much resemblance to the facts of the original charge.

Some trial court judges argued that such pleas undermine public confidence in the courts, saying the seriousness of a crime sometimes isn't reflected in the end result.

"Baseless pleas are an affront to the very principles our justice system was designed to promote: that is, truth and justice," Michael Donnelly, a judge in Cleveland's Cuyahoga County court, said in a letter to a Supreme Court committee reviewing the use of such pleas.

Plea bargains that stray from the facts in sex crimes can also allow defendants to avoid having to register as sex offenders, Donnelly said.

The Ohio Supreme Court without comment declined by a 4-2 vote to move the proposal forward.

Donnelly said Thursday he was disappointed but would continue to push the issue.

Connecticut, Florida and New Jersey, among other states, require a plea to have some basis in the facts of the crime.

More than 20 states limit prosecutors' ability to resolve drunken driving cases with plea bargains that dismiss or eliminate an impaired-driving charge, according to the National Center for State Courts. New Mexico allows plea bargains as long as one of the convictions includes at least one offense related to driving under the influence.


High court seems skeptical of mandatory public union fees
Headline Legal News | 2016/01/15 00:18
The Supreme Court appears ready to deliver a major setback to American unions as it considers scrapping a four-decade precedent that lets public-sector labor organizations collect fees from workers who decline to join.

During more than an hour of oral arguments Monday, the high court's conservative justices seemed likely to side with a group of California teachers who say those mandatory fees violate the free-speech rights of workers who disagree with a union's positions.

Labor officials fear unions' very existence could be threatened if workers are allowed to get all the benefits of representation without at least paying fees to cover the costs of collective bargaining. The case affects more than 5 million workers in 23 states and Washington, D.C.


But Justice Anthony Kennedy rejected arguments by lawyers for the state of California and the California Teachers Association that the current fee system is needed to prevent non-members from becoming "free riders" — workers who reap the rewards of union bargaining and grievance procedures without paying for it.

"The union basically is making these teachers compelled riders for issues on which they strongly disagree," Kennedy said, noting the political nature of bargaining issues like teacher salaries, merit promotions and class size.



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