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Open records policy set for administrative court records
Court Watch | 2017/08/05 09:26
Kentucky's Supreme Court justices have approved an open records policy to guide how the public accesses administrative records in the state court system.

State officials say the first open records policy for the Administrative Office of the Courts takes effect Aug. 15. The AOC is the operations arm of the state's court system.

The new policy describes how to submit an open records request to AOC.

Kentucky Chief Justice John D. Minton Jr. says the judicial branch has long complied with the "spirit" of the open records law, but says it's time to formalize its commitment in a written policy.

First Amendment expert and Louisville lawyer Jon Fleischaker says he's looked forward to the time when the public had definitive guidance on how to access the court system's administrative records.


Mental health court established for offenders on probation
Court Watch | 2017/08/01 09:24
A specialized court has been established in Pinal County to give defendants with mental problems an alternative path and keep them out of the criminal justice system.

Presiding Judge Stephen McCarville signed an administrative order last month calling for the establishment of Mental Health Treatment Court. It’s a therapeutic, post-sentence court for defendants placed on supervised probation.

People screened with a mental illness are referred to the court by the Pinal County Attorney’s Office or the county’s probation department. Then the court’s staff reviews the defendant’s case to determine whether the person’s situation is appropriate for the program, the Casa Grande Dispatch reported.

The offender undergoes outpatient treatment at a mental health facility while checking in with the court on a weekly basis. If defendants don’t follow the terms of the treatment, then they’re subject to having their probation revoked.

The goal is to keep people with mental disabilities out of the criminal justice system, Pinal County Superior Court Administrator Todd Zweig said. The number of probationers with mental health conditions has been increasing in the county, he added, prompting the need for this type of service.


Myanmar court grants bail for editor in defamation case
Court Watch | 2017/07/29 09:25
A court in Myanmar granted bail Friday to a newspaper editor who is being tried under a controversial defamation statute in a telecommunications law.

Kyaw Min Swe, chief editor of The Voice Daily, was arrested in June for publishing online a satirical article that allegedly mocked the efforts of the military to reach a peace agreement with ethnic minority groups.

His previous requests for bail had been rejected, but during his ninth appearance in court, the judge granted his release on bail of 10 million kyats ($7,000).

He was charged under Article 66(D) of the Telecommunications Law, which broadly defines defamation and carries a penalty of up to three years' imprisonment.

Rights groups decry the article as a restriction on freedom of expression, but the country's parliament this week turned down a bid to drop the article and decriminalize the offense.

One of the newspaper's columnists, Kyaw Zwa Naing, was also arrested on June 2 under Article 66(D), but the charge against him was dropped last month.


Wyoming raises court fees for courtroom technology updates
Court Watch | 2017/07/25 09:25
An increase in court automation fees approved by the state Legislature aims to provide Wyoming courtrooms with adequate technology.

The Wyoming Tribune Eagle reports people using Wyoming courts since July 1 have had to pay $15 more in automation fees than they did before. The fees are for filing probate and civil matters in district court, filing civil matters in circuit court and filing petitions in the state Supreme Court.

People also have to pay $25 instead of $20 if they have been found guilty in a criminal case or are placed on probation.

State agencies that are parties in a legal proceeding are exempt until July 2018.

Wyoming Court Administrator Lily Sharpe says the money will primarily help update audio and visual systems in 69 courtrooms across the state.


EU closer to sanctions on Poland over changes in judiciary
Court Watch | 2017/07/16 13:09
The European Union is coming closer to imposing sanctions on Poland for the government's attempt to take control over the judiciary, a senior official warned Wednesday, but he said the bloc was still open to dialogue.

European Commission Vice President Frans Timmermans spoke Wednesday in Brussels, shortly after Poland's lawmakers voted overwhelmingly to send a contentious draft law that would reorganize the nation's top Supreme Court for more work by a special parliamentary commission.

Timmermans said that the EU was closer to triggering Article 7 against Poland because its recent steps toward the judiciary "greatly amplify the threat to the rule of law" and threaten putting the judiciary "under full political control of the government." But he said that dialogue between the EU and Poland should continue while the legislation is being worked on.

The EU's Article 7 allows the bloc to strip a nation of its voting rights. Article 7 was envisioned to ensure democratic standards in EU members. It requires unanimity among all other member states.

The vote in Poland's parliament, which is dominated by the ruling Law and Justice party, was preceded by a heated debate and street protests. It was the latest in a string of conflicts over the policies of the conservative party, which won power in a 2015 election. The government is also under strong criticism from other EU leaders.

Lawmakers voted 434-6 with one abstention for the commission for justice and human rights to review and issue its opinion on the draft law, which gives politicians, not lawyers, the power over appointments to the Supreme Court and reorganizes its structure.

The head of the commission, Stanislaw Piotrowicz, said it wasn't clear when the commission would convene and when its opinion would be known. He said the number of amendments proposed by the opposition was aimed at obstructing its work.

In a heated debate Tuesday, the opposition proposed more than 1,000 amendments to the draft, which, it says, kills judicial independence and destroys the democratic principle of the separation of the judiciary from the executive power.


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