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The Latest: Colorado governor announces Supreme Court pick
Headline Legal News | 2018/06/01 11:07
Gov. John Hickenlooper has named Carlos Samour to the Colorado Supreme Court, filling a vacancy left by Chief Justice Nancy Rice's imminent retirement.

Samour, a judge in the 18th Judicial District in Arapahoe County, is best known for presiding over the Aurora theater shooting trial in 2015.

Samour was raised in El Salvador, where his father was also a judge. Hickenlooper said his family fled the country when Samour was 13 because his father feared retaliation for finding a military official guilty.

"His father was ousted from his judicial position and his home was riddled by bullets because his father chose to faithfully apply the laws of that country," said Hickenlooper, a Democrat.

Samour was chosen from three nominees after Rice in March announced her plans to retire at the end of June. She will have served more than four years as chief justice, nearly 20 years on the court and about 31 years total as a judge in Colorado.

Gov. John Hickenlooper on Wednesday plans to announce his choice to fill a vacancy on the Colorado Supreme Court.

Earlier this month, a judicial nominating commission gave the governor three judges to choose from, after Chief Justice Nancy Rice announced her retirement.

The nominees are Maria Berkenkotter, the former chief judge of the 20th Judicial District in Boulder County; Karen Brody, a judge in the 2nd Judicial District in Denver County; and Carlos Samour, a judge in the 18th Judicial District in Arapahoe County.



Supreme Court allows Arkansas to enforce abortion restrictions
Topics in Legal News | 2018/06/01 11:07
The Supreme Court is allowing Arkansas to put into effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.

The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.

The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The U.S. 8th Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.

The legal fight over the law is not over, but the state is now free to enforce it, at least for the time being. Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.

The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion.



Bitter, expensive fight for Arkansas court seat to drag on
Court Watch | 2018/05/27 12:02
A bitter and expensive fight for an Arkansas Supreme Court seat that drew more than $1 million in outside spending and a flurry of attack ads will drag on for another six months, with an incumbent justice heading into a runoff in November against an attorney backed by an out-of-state Republican group.

Justice Courtney Goodson and David Sterling, the chief counsel for the state Department of Human Services, advanced to a runoff in the November election for the state's highest court in Tuesday's non-partisan judicial election. The two were the top candidates in a three-person race for Goodson's seat, with Appeals Court Judge Kenneth Hixson finishing third.

Goodson had faced a barrage of attack ads and mailers from the Judicial Crisis Network, a Washington group that had targeted her during her unsuccessful bid for chief justice two years ago. The group, which doesn't disclose its donors, spent more than $935,000 on TV ads bashing Goodson and Hixson, according to the Brennan Center for Justice, which tracks judicial campaign spending.

"Today was a huge victory for honest people who are fed up with the lies dark money is spreading about me," Goodson told The Associated Press Tuesday night.

The ads led to a court fight over whether they should be broadcast and Goodson said she planned to continue that legal battle. Days before the primary, a state judge ordered Little Rock area TV stations to stop airing one ad, while another judge said the spot could resume running in northwest Arkansas. Goodson has filed a similar lawsuit aimed at halting the lawsuits in the Fort Smith area. Some media and free speech advocates have opposed Goodson's lawsuits, saying judges should not decide what is broadcast during elections.

The ad that sparked the court fight criticizes Goodson over gifts received from donors and a pay raise the court requested last year. An Associated Press Fact Check of the ad found that some of its claims are misleading. The Judicial Crisis Network continued its criticism of Goodson Wednesday.

"The citizens of Arkansas want and deserve integrity on the state's Supreme Court - Justice Goodson can't run from her record of pay increases, favoritism and residing in a swamp of conflicts of interest," Carrie Severino, the group's chief counsel and policy director, said in a statement.



Court program in Dona Ana County focuses on veterans
Attorney News | 2018/05/27 11:07
A new court program has opened in Dona Ana County that focuses on the substance abuse and mental health issues facing military veterans who have been charged with non-violent crimes.

Las Cruces Sun-News reports that the first hearing in the 3rd Judicial District Court's Veterans Treatment Court program was held on Wednesday.

It's the first veterans court program in southern New Mexico

The judicial district already has other "problem-solving courts," such as a drug court for juveniles and adults that tries to help rehabilitate repeat offenders whose offenses are driven by substance abuse.

Veterans participating in the new program will be given individualized treatment and counseling programs that run an average of 14 months or longer.



Bangladesh Supreme Court upholds bail for opposition leader
Court News | 2018/05/22 12:04
Bangladesh’s Supreme Court on Wednesday upheld a High Court’s decision to grant bail to opposition leader and former Prime Minister Khaleda Zia, who was jailed for five years on a corruption conviction.

Lawyers from both sides said the ruling does not necessarily mean Zia will be released from jail because she’s been arrested in connection with three other cases.

The government had appealed a March verdict by the High Court granting her bail for four months.

On Wednesday, the Supreme Court also ordered authorities to make a final decision by July 31 involving a separate appeal by Zia seeking her release from jail.

Zia has been in jail for more than three months in the graft case for misusing power and embezzling about $250,000 involving a trust fund named after her late husband, former President Ziaur Rahman. The conviction means that Zia, the archrival of Prime Minister Sheikh Hasina, can be barred from running in December elections.

Zia’s party says the February verdict was politically motivated, a charge the government has denied. Zia’s Bangladesh Nationalist Party has threatened to boycott the next elections, saying they will not join the polls without Zia.

In February, a trial court convicted Zia and also sentenced her son, Tarique Rahman, and four others to 10 years in prison for involvement in the case. Rahman lives in London and was tried in absentia.

Bangladesh law says anyone imprisoned for more than two years cannot run for office for the next five years, but Law Minister Anisul Huq had said the final decision rests with the higher courts.

Bangladesh politics are deeply fractious, with rivals Hasina and Zia ruling the country alternately since 1991, when democracy was restored.

Both women came from political dynasties. Zia is the widow of Ziaur Rahman, a general-turned-president who was assassinated in 1981. Hasina is the daughter of Sheikh Mujibur Rahman, the country’s independence leader and first president, who was assassinated in 1975 along with most of his family members.


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