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Court justice suspended over role in porn scandal
Headline Legal News | 2014/10/22 15:20

The Pennsylvania Supreme Court on Monday suspended one of its members over his participation in a state government pornographic email scandal that involved employees of the attorney general's office.

The court justices issued an order saying Justice Seamus McCaffery may not perform any judicial or administrative duties while the matter is reviewed by the Judicial Conduct Board, which investigates allegations of judicial misconduct.

The main order also noted allegations about McCaffery's actions related to a traffic citation received by his wife, who is a lawyer, and referral fees she obtained while working for him as an administrative assistant. It also noted he "may have attempted to exert influence over a judicial assignment" in Philadelphia.

The Judicial Conduct Board was given a month to determine whether there is probable cause to file a misconduct charge against McCaffery, a Philadelphia Democrat elected to the seven-member bench in 2007.

McCaffery's lawyer, Dion Rassias, said they were confident he will be cleared and will soon return to the bench.

The court's action followed disclosures last week by Chief Justice Ronald Castille, a Republican, that McCaffery had sent or received 234 emails with sexually explicit content or pornography from late 2008 to May 2012. McCaffery apologized, calling it a lapse in judgment, but blasted Castille for "a vindictive pattern of attacks" against him.

A third justice, Michael Eakin, also a Republican, on Friday went public with a claim McCaffery had threatened to leak "inappropriate" emails Eakin had received if he didn't side with McCaffery against Castille.

McCaffery denied threatening Eakin, who reported the matter to the Judicial Conduct Board. Neither Eakin nor McCaffery participated in the court's decision.

Castille was among the four justices voting to suspend McCaffery with pay, along with Max Baer, Corry Stevens and Thomas Saylor. Justice Debra Todd dissented, saying she would have referred the matter, including the question of suspension, to the Judicial Conduct Board.


Courts reject another Arizona immigration law
Headline Legal News | 2014/10/20 13:06
Arizona's authority to confront its illegal immigration woes was again reined in Wednesday when a federal appeals court threw out a 2006 voter-approved law denying bail to people in the country illegally who are charged with certain crimes.

The decision by the 9th U.S. Circuit Court of Appeals follows other battles over the state's immigration policies, including rulings that struck down much of Arizona's landmark 2010 immigration enforcement law.

A small number of the state's immigration laws have been upheld, including a key section of its 2010 law that requires police to check people's immigration status under certain circumstances.

But the courts have slowly dismantled other laws that sought to draw local police into immigration enforcement as frustrations in the state grew over what critics said was inadequate border protection by the federal government.


St. Louis challenge to gay marriage ban in court
Headline Legal News | 2014/10/03 09:52
Missouri's assistant attorney general has argued that state law, backed by the vote of the people, makes it clear that marriage is defined as between a man and a woman.

Jeremiah Morgan defended Missouri's same-sex marriage ban Monday in a St. Louis courtroom. St. Louis Circuit Judge Rex Burlison is deciding whether the ban is constitutional.

St. Louis City Counselor Winston Calvert argued the state has no business treating gay and lesbian couples as "second-class citizens."

The city of St. Louis issued marriage licenses in June to four same-sex couples, setting up a court fight over the state's 2004 state constitutional amendment banning gay marriage.

It isn't clear when Burlison will issue a ruling. St. Louis officials have stopped issuing marriage licenses to gay couples until legal issues are resolved.


Hawaii, Idaho, Nevada gay marriage laws in court
Headline Legal News | 2014/09/08 16:35
For the first time since it declared California's gay marriage ban unconstitutional, the federal appeals court in San Francisco is readying to hear arguments over same-sex weddings in a political and legal climate that's vastly different than when it overturned Proposition 8 in 2012.

State and federal court judges have been striking down bans in more than a dozen states at a rapid rate since a landmark U.S. Supreme Court ruling last year.

Now, three judges on the 9th U.S. Circuit Court of Appeals — all appointed by Democrats and one of whom wrote the opinion overturning Proposition 8 — are set to hear arguments Monday on gay marriage bans in Idaho, Nevada and Hawaii.

"It seemed like such an uphill battle when I started," said Shannon Minter, legal director for the National Center for Lesbian Rights. "I really couldn't imagine then that we would be where we are now."

Minter has been fighting for gay marriage for 21 years, was instrumental in challenging bans in California and Utah and is representing gay couples seeking to overturn Idaho's prohibition.


Canadian court: US can extradite terror suspect
Headline Legal News | 2014/08/13 15:24
An appeals court ruled Monday an Iraqi-born man should be extradited to the United States to face charges that he helped coordinate Tunisian jihadists believed responsible for a suicide attack in Iraq in 2009 that killed five American soldiers outside a U.S. base.

Sayfildin Tahir Sharif, who holds dual Canadian-Iraqi citizenship, was arrested in 2011 on a U.S. warrant and has been fighting extradition to New York.

The prosecution alleges Sharif worked from Edmonton, Alberta, to help a Tunisian man enter Iraq in 2009 and detonate a truck filled with explosives at a military checkpoint, killing five U.S. soldiers. Prosecutors contend that evidence from intercepted Internet and phone conversations shows that Sharif was directly involved in supporting Tunisian terrorists. Sharif never left Canada as part of the alleged conspiracy.

The terror network is also accused of blowing up an Iraqi police station, killing seven Iraqi officers.

Canada's justice minister granted extradition last summer after receiving assurances from the U.S. that Sharif wouldn't face the death penalty. Defense lawyers also received a letter from U.S. authorities promising the man wouldn't be held indefinitely in pre-trial detention.

Sharif was appealing the justice minister's decision as well as a judge's original ruling in 2012 that there was enough evidence to extradite Sharif on two charges.

Sharif is an ethnic Kurd who was born in Iraq but moved to Toronto as a refugee in 1993. Four years later, he became a Canadian citizen.


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