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Biden assigns study on delicate issue of Supreme Court
Stock Market News | 2021/04/14 16:14
President Joe Biden on Friday ordered a study of adding seats to the Supreme Court, creating a bipartisan commission that will spend the next six months examining the politically incendiary issues of expanding the court and instituting term limits for its justices.

In launching the review, Biden fulfilled a campaign promise made amid pressure from activists and Democrats to realign the Supreme Court after its composition tilted sharply to the right during President Donald Trump’s term. Trump added three justices to the high court, including conservative Justice Amy Coney Barrett, who was confirmed to replace liberal Justice Ruth Bader Ginsburg just days before last year’s presidential election.

During the campaign, Biden repeatedly sidestepped questions on expanding the court. A former chair of the Senate Judiciary Committee, Biden has asserted that the system of judicial nominations is “getting out of whack,” but has not said if he supports adding seats or making other changes to the current system of lifetime appointments, such as imposing term limits.

The 36-member commission, composed largely of academics, was instructed to spend 180 days studying the issues. But it was not charged with making a recommendation under the White House order that created it.

The panel will be led by Bob Bauer, who served as White House counsel for former President Barack Obama, and Cristina Rodriguez, a Yale Law School professor who served in the Office of Legal Counsel for Obama.

The makeup of the Supreme Court, always a hot-button issue, ignited again in 2016 when Democrats declared that Republicans gained an unfair advantage by blocking Obama’s nomination of Judge Merrick Garland to fill the seat left empty by the death of conservative Justice Antonin Scalia. Then-Senate Majority Leader Mitch McConnell, a Republican, refused to even hold hearings on filling the vacancy, even though it was more than six months until the next presidential election.

In the wake of McConnell’s power play, some progressives have viewed adding seats to the court or setting term limits as a way to offset the influence of any one president on its makeup. Conservatives, in turn, have denounced such ideas as “court-packing” similar to the failed effort by President Franklin D. Roosevelt in the 1930s.



Governor swears in newest Rhode Island state court judge
Stock Market News | 2021/03/26 19:19
The newest judge to the Rhode Island Superior Court was sworn in Saturday.

Democratic Gov. Dan McKee presided over the swearing in of R. David Cruise, a longtime political operative and state senator, at the Boys & Girls Club location in Cumberland.

McKee, a former Cumberland mayor who has known Cruise for years, said in a statement that he’s an “honest, fair and thoughtful leader who brings decades of legal and government experience to the bench.”

Cruise is a former state senator and Cumberland town councilor. In recent years, he’s served as former Gov. Gina Raimondo’s director of legislative affairs, former administrative magistrate with the Rhode Island Traffic Tribunal and chief of staff to the Rhode Island Senate, among other posts, according to McKee’s office.

In the 1990s, Cruise worked in the commerce department under President Bill Clinton and chief of staff to former Governor Bruce Sundlun. In the 1980s, he was a state senator and before that served on the Cumberland Town Council.

Cruise, who graduated from Providence College and the Suffolk University School of Law, replaces former Superior Court Judge Bennett Gallo, who retired in February.

The Rhode Island Superior Court has 22 judges and five magistrates. It handles both civil and criminal matters.


Governor swears in newest Rhode Island state court judge
Stock Market News | 2021/03/26 19:19
The newest judge to the Rhode Island Superior Court was sworn in Saturday.

Democratic Gov. Dan McKee presided over the swearing in of R. David Cruise, a longtime political operative and state senator, at the Boys & Girls Club location in Cumberland.

McKee, a former Cumberland mayor who has known Cruise for years, said in a statement that he’s an “honest, fair and thoughtful leader who brings decades of legal and government experience to the bench.”

Cruise is a former state senator and Cumberland town councilor. In recent years, he’s served as former Gov. Gina Raimondo’s director of legislative affairs, former administrative magistrate with the Rhode Island Traffic Tribunal and chief of staff to the Rhode Island Senate, among other posts, according to McKee’s office.

In the 1990s, Cruise worked in the commerce department under President Bill Clinton and chief of staff to former Governor Bruce Sundlun. In the 1980s, he was a state senator and before that served on the Cumberland Town Council.

Cruise, who graduated from Providence College and the Suffolk University School of Law, replaces former Superior Court Judge Bennett Gallo, who retired in February.

The Rhode Island Superior Court has 22 judges and five magistrates. It handles both civil and criminal matters.


Washington judge taking time off after comments on Black man
Stock Market News | 2021/03/16 15:22
A judge in southwestern Washington said he will take time off to reflect on his behavior after he came under pressure for making critical comments about a Black man killed last year by police.

Clark County District Court Judge Darvin Zimmerman made the announcement Tuesday following condemnations from county District Court judges, a decision by prosecutors to seek his removal from their criminal cases and a call from a prominent law firm for him to resign, The Columbian reported. Zimmerman said he will determine what he can do to help heal community he has served.

Last week, Zimmerman described Kevin Peterson Jr. as “the Black guy they were trying to make an angel out of,” and said, among other comments, he believed Peterson “was so dumb.”

Court records say three Clark County deputies shot Peterson, of Camas, on Oct. 29 after authorities said he sold Xanax pills to a confidential informant in Hazel Dell. Deputies fired 34 rounds at the 21-year-old, who died after being hit four times. Peterson was carrying a gun but investigators have found no evidence that he fired it.

Zimmerman’s son was on scene as a member of the Clark County Sheriff’s Office but didn’t fire his weapon. In a story by The Columbian on Monday, Zimmerman told the newspaper, “any time we lose a life, it is a tragedy; Kevin Peterson is no exception.” But he did not apologize for his statements or describe them as racist.

The judge said Peterson’s father had told a police chaplain he felt the shooting was justified but, “the next day, he wakes up with dollar signs in his eyes and George Floyd’s attorneys had already contacted him.”

In a statement Tuesday issued on Zimmerman’s behalf by attorney Josephine C. Townsend, he said, “I have always prided myself in being open minded, fair and just in my duties as a judicial officer. I do understand that even my personal comments, when made public – bring about an outcry of concern because I am a judicial officer.”

The statement said Zimmerman deeply regrets his comments that have caused divisiveness and concern in the community.

Townsend said Zimmerman self-reported his statements to the Commission on Judicial Conduct over the weekend, which has the power to investigate the comments and recommend that the Washington Supreme Court take action against him.

“I want my colleagues and the public to know that I have accepted responsibility for my actions,” Zimmerman’s statement said.

In the meantime, his leave from the bench will be coordinated through District Court’s presiding judge, Townsend said.


Mississippi told to pay $500K to wrongfully imprisoned man
Stock Market News | 2021/03/03 14:27
A judge is ordering the state of Mississippi to pay $500,000 to a Black man who was wrongfully imprisoned more than 22 years and was tried six times in a quadruple murder case.

Curtis Flowers was released from prison in December 2019, months after the U.S. Supreme Court ruled that a district attorney had excluded Black jurors from his trials. Flowers had spent years on death row.

Mississippi Attorney General Lynn Fitch said in September that she would not try Flowers a seventh time in the 1996 slayings and a robbery that took place at a furniture store in Winona. He had been in custody since 1997.

In November, Flowers sued the state seeking compensation for wrongful imprisonment. Court papers show the attorney general’s office agreed to his request.

Montgomery County Circuit Judge George Mitchell on Tuesday ordered the state to pay Flowers $500,000. That is the maximum allowed under a 2009 state law, which says the state can pay $50,000 for each year of wrongful imprisonment, for a up to 10 years.

Mitchell also ordered the state to make a separate payment of $50,000 to Flowers’s attorneys.

Flowers was convicted four times: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials. Each of Flowers’s convictions was overturned.

In June 2019, the U.S. Supreme Court tossed out the conviction and death sentence from Flowers’s sixth trial, which took place in 2010. Justices said prosecutors’ pattern of excluding Black jurors from his trials was unconstitutional.

The Supreme Court ruling came after American Public Media’s “In the Dark” investigated the case. The podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him.

The first six trials were prosecuted by the local district attorney. Flowers was still facing the 1997 indictments in December 2019 when a judge agreed to release him on bond. The district attorney handed the case to the attorney general, and her staff spent months reviewing it before deciding not to go forward because of a lack of credible witnesses.


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