Judicial Branch – APDA Web http://apdaweb.org/ Mon, 21 Nov 2022 06:15:00 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://apdaweb.org/wp-content/uploads/2021/06/apda-150x150.png Judicial Branch – APDA Web http://apdaweb.org/ 32 32 Letters to the editor: November 21, 2022 | letters to the editor https://apdaweb.org/letters-to-the-editor-november-21-2022-letters-to-the-editor/ Mon, 21 Nov 2022 06:15:00 +0000 https://apdaweb.org/letters-to-the-editor-november-21-2022-letters-to-the-editor/ The 2022 election reaffirms the need for awakening The 2020 election was a farce, an incredible injustice to our sacred electoral process, and I hoped it would be the last. Not correct! Results for 2022 are yet to come, a farce in themselves, with some totals due after the Dec. 6 runoff. The midterms of […]]]>

The 2022 election reaffirms the need for awakening

The 2020 election was a farce, an incredible injustice to our sacred electoral process, and I hoped it would be the last. Not correct! Results for 2022 are yet to come, a farce in themselves, with some totals due after the Dec. 6 runoff. The midterms of a first-term president are a referendum on his performance. Biden’s first two years — objectively for anyone — border on apocalyptic status,

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The Florida Supreme Court issues rules for handling post-trial writs https://apdaweb.org/the-florida-supreme-court-issues-rules-for-handling-post-trial-writs/ Fri, 18 Nov 2022 18:49:41 +0000 https://apdaweb.org/the-florida-supreme-court-issues-rules-for-handling-post-trial-writs/ The Florida Supreme Court for the first time passed rules specifically aimed at how judges should deal with court records after they have left the court. The Florida Supreme Court said there was a need to address proper post-trial handling of court records, which it defines as “records made or received by a judge or […]]]>

The Florida Supreme Court for the first time passed rules specifically aimed at how judges should deal with court records after they have left the court.

The Florida Supreme Court said there was a need to address proper post-trial handling of court records, which it defines as “records made or received by a judge or judge in connection with the conduct of official business.” to eliminate “uncertainties or inconsistencies” on judicial secrecy after leaving office. The development took the form of an amendment to the Florida Rule of General Practice and Judicial Administration 2.420 and the Code of Judicial Conduct.

The Florida Supreme Court on Thursday amended Rule 2,420, which governs public access to and protection of court and administrative records, to specify that every judge or judge must turn over to the court chief justice officer all Judiciary Department records in his or her possession .

“This amendment takes into account the retirement of judges and judges from the bench and formally relieves them of their role under rule 2.420 as custodians of records,” the Per Curiam said Verdict says.

The Court also amended Canon 3(B)(12) of the Code of Judicial Conduct to say that former judges are expected to “maintain the confidentiality of non-public information obtained in a judicial capacity”.

“This wording is intended to emphasize the expectation of judicial confidentiality beyond retirement and to communicate this to the public,” the report says.

The case is Regarding changes to the Florida Rules of General Practice & Judicial Admin. & the Judicial Code of ConductFlorida, #SC22-1387, 11/17/22.

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Biden may extend student loan payment pause again with court forgiveness plan https://apdaweb.org/biden-may-extend-student-loan-payment-pause-again-with-court-forgiveness-plan/ Tue, 15 Nov 2022 17:48:08 +0000 https://apdaweb.org/biden-may-extend-student-loan-payment-pause-again-with-court-forgiveness-plan/ The White House is reportedly considering extending the student loan payment pause again, currently due to expire at the end of the year, as President Joe Biden’s plan to forgive up to $20,000 in student debt for borrowers is challenged by Republicans in court. To to The Washington PostTwo people with knowledge of the matter […]]]>

The White House is reportedly considering extending the student loan payment pause again, currently due to expire at the end of the year, as President Joe Biden’s plan to forgive up to $20,000 in student debt for borrowers is challenged by Republicans in court.

To to The Washington PostTwo people with knowledge of the matter say White House officials are in early talks about a possible extension of the hiatus, though no decisions have been made and it’s unclear if Biden was involved in the talks.

“As the legal vulnerability has become more apparent, the White House has made firmer plans to extend the loan repayment moratorium,” a source said. “The extension that we are likely to see is intended to ensure that the rug is not pulled from under borrowers’ feet, and not a perpetual replacement for loan forgiveness.”

When Biden announced that In August, he said his administration would extend the payment pause “one last time” to December 31 to forgive $20,000 of debt for Pell Grant recipients or $10,000 for debtors making less than $125,000 a year earn.

But as a result of a lawsuit by six Republican-run states, the plan was blocked by Texas federal judge Mark Pittman last week and was temporarily barred by a restraining order several Republican nominations Judges in the 8th Circuit Court of Appeals this week.

It is likely that the plan will end up in the Supreme Court. From then on, the fate of the plan is uncertain. However, whether or not the plan is struck down by the Conservative-dominated Supreme Court, it could be months before a decision is made.

If the moratorium is not extended, borrowers could be left in limbo, unsure whether to repay the loans when they could be called anyway, or risk defaulting if the plan ultimately expires court is nullified.

Debt relief advocates say extending the moratorium is an absolute minimum step Biden can take in response to the court decisions.

“For three years, borrowers have been a political punching bag faced with uncertainty about the future of their student loans. The judge’s decision makes the future even more worrying.” said Natalia Abrams, president of the Student Debt Crisis Center in an opinion. “President Biden must continue to pause payments going forward to provide financial stability and peace of mind to 40 million Americans.”

The debt collective says Biden has several ways to ease borrowers. You called the President extend the moratorium indefinitely and say he can Cancel student debt through alternative legal channels to circumvent the current legal challenge. The group also says it can and should simply ignore Pittman’s ruling because student debt relief is a political decision that shouldn’t be subject to court decisions in the first place.

“The problem is not legal authority [to cancel student debt]. The agency is built on solid foundations,” according to the Debt Collective wrote on Twitter on Monday. “The problem is that the courts are rigged. Right-wing judges take sides in political debates that no one elected them to resolve. Biden has to ignore them.”

In fact, legal experts have pointed out that Pittman’s arguments contained enormous and bizarre shortcomings.

Pittman openly admitted that he did not know the basic principles of the cancellation program, objected his own arguments that the plaintiffs recruited by the GOP for the lawsuit suffered harm as a result of the plan, and likened Congress to giving the Executive Branch power to forgive student debt to the 1933 Act that gave Adolf Hitler power and the rise to the NSDAP.

Some legal experts have questioned the fact that Pittman even took up the case — eventually any other challenge brought by conservative Challenging the plan was rejected by the courts after being designated by judges as a matter not to be brought before the judiciary in the first place.

“[O]Objections to the Biden program represent the classic type of ‘general complaint’ that the Supreme Court has long held that federal courts do not have the constitutional authority to resolve.” wrote CNN Legal analyst Steve Vladeck. When judges judge based on their prejudices and not established judicial roles, Vladeck wrote, “the courts do not act as courts; They only take sides in political debates that nobody elected them to solve.”

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Trump sues House Jan. 6 committee to avoid subpoena: NPR https://apdaweb.org/trump-sues-house-jan-6-committee-to-avoid-subpoena-npr/ Sat, 12 Nov 2022 16:15:13 +0000 https://apdaweb.org/trump-sues-house-jan-6-committee-to-avoid-subpoena-npr/ Former President Donald Trump takes the stage on Election Day to speak at his Florida resort town of Mar-a-Lago. Andrew Harnik/AP Hide caption toggle caption Andrew Harnik/AP Former President Donald Trump takes the stage on Election Day to speak at his Florida resort town of Mar-a-Lago. Andrew Harnik/AP WASHINGTON — Former President Donald Trump is […]]]>

Former President Donald Trump takes the stage on Election Day to speak at his Florida resort town of Mar-a-Lago.

Andrew Harnik/AP


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Former President Donald Trump takes the stage on Election Day to speak at his Florida resort town of Mar-a-Lago.

Andrew Harnik/AP

WASHINGTON — Former President Donald Trump is suing the House committee investigating the January 6 attack on the US Capitol to avoid cooperating with a subpoena ordering him to testify.

The lawsuit, filed Friday night, alleges that while past presidents have voluntarily agreed to provide testimony or documents in response to subpoenas from Congress in the past, “no president or former president has ever been compelled to do so.”

“Longstanding precedent and practice maintains that the separation of powers prohibits Congress from compelling a president to testify before him,” Trump attorney David A. Warrington said in a statement announcing Trump’s intentions.

Warrington said Trump has made “good faith efforts with the committee to resolve these concerns consistent with executive prerogatives and the separation of powers,” but said the panel “insisted on pursuing a political path and would not allow President Trump to do so.” choice but to intervene the third estate, the judiciary, in this dispute between the executive and the legislature.”

The committee declined to comment on the filing, which comes days ahead of the committee’s deadline for Trump to begin working together. But the lawsuit likely wipes out the prospect of Trump ever having to testify, as the committee is expected to disband at the end of the legislative session in January.

It also comes just days before Trump is expected to officially launch a third presidential campaign at his Mar Lago club.

The committee voted to subpoena Trump at its last televised hearing before the midterm elections, and did so officially last month, requiring testimony from the former president either in the Capitol or via videoconference by mid-November, lasting several days if necessary.

The letter also outlined a wide-ranging request for documents, including personal communications between Trump and members of Congress and extremist groups. Trump’s response to that request was due last week, but the nine-member panel extended its deadline until this week.

In his lawsuit, Trump’s attorneys attack the subpoena as too broad and frame it as a violation of his First Amendment rights. They also argue that other sources besides Trump could provide the same information the committee wants from him.

The panel — made up of seven Democrats and two Republicans — issued a statement last week saying it was in contact with Trump’s attorneys.

The committee’s decision to subpoena Trump in late October was a major escalation of its investigation, a move lawmakers said was necessary because, members allege, the former president was the “central player” in a multi-part attempt to determine the findings of the… year 2020 to overturn election.

“I think he has a legal duty to testify, but that doesn’t always carry with Donald Trump,” committee vice chair Liz Cheney, R-Wyo., said during an event last week.

In addition to demanding that Trump testify, the committee requested 19 documents and communications — including any messages Trump sent via encrypted messaging app Signal or “otherwise” to members of Congress and others about the breathtaking events of September 6 January 2021, attack on the Capitol.

The scope of the committee’s request was wide-ranging – tracing documents from September 1, 2020, two months before the election, to the present on the President’s communications with groups like the Oath Keepers and Proud Boys – as the panel attempts to uncover a story compile a record of the run-up to the attack on the Capitol, the event itself, and the aftermath.

Trump’s lawsuit was filed in the Southern District of Florida, where other Trump attorneys successfully sued to secure a special foreman tasked with conducting an independent review of records seized by the FBI during an Aug. 8 search of Mar-a-Lago to perform.

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Congress is too close to call. Here’s what’s at stake. https://apdaweb.org/congress-is-too-close-to-call-heres-whats-at-stake/ Wed, 09 Nov 2022 18:43:00 +0000 https://apdaweb.org/congress-is-too-close-to-call-heres-whats-at-stake/ Democrats were spared defeat in Tuesday’s midterm elections, but even a narrow victory in either chamber of Congress would complicate their energy and climate agendas. Republicans are still favored to win the House of Representatives, but the closer-than-expected election has given a boost to Democrats and climate policy advocates who feared a landslide. The Senate […]]]>

Democrats were spared defeat in Tuesday’s midterm elections, but even a narrow victory in either chamber of Congress would complicate their energy and climate agendas.

Republicans are still favored to win the House of Representatives, but the closer-than-expected election has given a boost to Democrats and climate policy advocates who feared a landslide. The Senate remained a tossup Wednesday morning, and the outcome may not be clear until after a December runoff in Georgia.

“There’s certainly no wave or tsunami,” said Bob Perciasepe, who served as EPA assistant administrator during the Obama administration.

The final balance of Tuesday’s congressional election could affect everything from House lawmakers’ aggressiveness in pursuing scrutiny of the Biden administration to whether presidential nominations will stall in the Senate. It could also signal voters’ appetites for more aggressive climate and energy policies and provide early clues to the 2024 presidential race.

Even a narrow GOP takeover of the House of Representatives would make life significantly more difficult for the Biden administration.

But there’s a big difference between Republicans winning a House victory and securing majorities in both houses of Congress.

Republicans remain hopeful that close races will fall in their favor, which could greatly enhance their ability to oversee the Biden administration’s energy and climate policies. A Senate victory would give the GOP significantly more power over President Joe Biden’s appointments.

But Democrats and environmentalists, bracing for the big losses that often side with the party in power during a midterm election, were pleased with the early results.

“It’s a deeply encouraging result that really defies the political severity and historical circumstances,” said Sam Ricketts, co-founder of Evergreen Action and senior fellow at the Center for American Progress.

A Republican mandate?

House Oversight and Reform Member James Comer (R-Ky.) speaks during a hearing July 29, 2021 in Washington. | Jacquelyn Martin/AP/FILE

Republicans in Congress have promised aggressive oversight of the Biden administration, including its climate and energy policies.

Home Secretary Deb Haaland, Energy Secretary Jennifer Granholm and EPA Administrator Michael Regan are among those who face frequent invitations to testify before committees if Republicans win the gavel in either chamber.

Rep. James Comer (R-Ky.), who is set to chair the House Oversight and Reform Committee, has promised aggressive probes, including into the government’s energy policies, such as the president’s attempts to halt approvals for new oil and natural gas from drilling Federal State.

“I believe at the end of the day steps are now being taken to try and hold this government accountable,” Comer told Newsmax on Wednesday morning.

“I think the Conservative voters who came out in droves – who voted for change, who voted to turn the house around – I think they’re going to be very happy with how the Oversight Committee is going to start its work in January.”

But a slim majority in the House of Representatives could see Republicans softening their oversight plans. It could also make it more complicated for GOP leadership to lead a caucus where lawmakers have differing opinions on policy and oversight.

“There’s a significant number of Republicans who aren’t there to cooperate or legislate,” said former Virginia Democratic Rep. Jim Moran.

Normally, getting a majority in Congress would make lawmakers “a little bit careful about how they move,” Perciasepe said. But “that’s not the way the modern Republican Party operates,” he added. He expects that a GOP-controlled House would “run as hard as possible … to engage in interference” against the Biden administration.

Former Rep. Ed Whitfield, a Kentucky Republican who took the gavel of a House Energy and Commerce subcommittee when Congress moved to GOP control in 2011, said he hoped the House GOP didn’t vote the majority for “revenge.” ‘ but use it for ‘trying’ will solve economic problems.”

He doesn’t see much opportunity for meaningful legislation in a divided Congress, and he expects the Biden administration to focus on the executive branch if the GOP wins the House or Senate.

That would be welcome news for some environmentalists.

“We’ve always wanted to not just focus on “effectively implementing” the recently passed climate law, but “go bigger and bolder in executive branch action,” said Tiernan Sittenfeld, senior vice president of government affairs at the League of Conservation Voters. “That’s going to be a big priority regardless of what the final votes are.”

The energy sector also expected the GOP to perform better.

But the industry could still see some gains over the next two years, said Scott Segal, partner at law and lobbying firm Bracewell LLP.

“Simply because we will probably have a divided government, with one [chamber] Being at least Republican controlled doesn’t mean we should put all consideration and energy issues back on the back burner,” Segal said in a webinar for customers and others on Wednesday.

He cited allowing reforms as a possible area for compromise.

High stakes in the Senate

This combination of photos shows Senator Raphael Warnock (D-Ga.) speaking to reporters, left, and Republican Senate nominee Herschel Walker speaking.
This combination of photos shows Senator Raphael Warnock (D-Ga.), left, speaking to reporters in Washington on August 3, 2021, and Republican Senate nominee Herschel Walker speaking in Perry, Georgia, on September 25, 2021. | AP photo

Maintaining control of the Senate would be a major win for Democrats and the Biden administration.

The Senate majority could be lost until a December runoff between incumbent Democratic Senator Raphael Warnock and Republican former NFL player Herschel Walker (E&E daily9 Nov).

The consequences will be enormous.

Instead of just one set of House committee chairs holding oversight hearings and bombarding agencies with requests for documents, the Biden administration would have another set of committees conducting investigations.

A Republican Senate majority could significantly slow the confirmation process for Biden’s nominees — both for the judiciary and for political agency appointments.

Senate GOP scrutiny could also change who Biden nominates for jobs based on which candidates are more likely to receive Republican approval.

And when cabinet secretaries or other senior officials leave their posts, it could be a while before they are replaced, vacating high-profile energy and environmental posts critical to Biden’s agenda.

The climate took a back seat

A political sticker mocking President Joe Biden and Vice President Kamala Harris is seen next to a gas pump display showing a transaction March 7 in Los Angeles.
A political sticker mocking President Joe Biden and Vice President Kamala Harris is seen next to a gas pump display showing a transaction March 7 in Los Angeles Jae C. Hong/AP

According to political insiders, Biden’s climate policies were not a key issue in Tuesday’s election, although the massive climate bill enacted by Democrats may have influenced some voters’ decisions.

“This wasn’t a big climate election,” Ricketts said.

But he and other climate policy advocates pointed to the youth turnout as a sign that Democrats’ climate policies are popular in a constituency more likely to vote on climate policies than older generations.

Ricketts also sees it as notable that Republicans have not aggressively attacked Democrats on climate policy this campaign cycle. “It’s a popular agenda,” he said.

Gasoline prices were the focus of GOP attacks on Democrats ahead of the election, but those attacks weren’t enough to give Republicans the big victories they had hoped for.

“I think they were a factor,” Moran said of gas prices. But he added: “I thought there would be more Democratic casualties than there actually were because of gas and food prices.”

Looking to 2024

Former President Donald Trump greets guests at Mar-a-Lago in Palm Beach, Florida on Tuesday's Election Day.
Former President Donald Trump greets guests at Mar-a-Lago on Election Day Tuesday in Palm Beach, Fla Andrew Harnik/AP

Wednesday marks the unofficial start of the 2024 presidential campaign season.

Of course, it’s still early days and the presidency’s field is far from clear. But Democrats say their better-than-expected performance on Tuesday bodes well for their chances of keeping the White House beyond Biden’s first term.

“I think that puts the Democrats in a good position to start thinking about what the future holds for them,” Ricketts said. The 2024 race “was ages ago, but you’d much rather be the Democratic Party than the Republican Party.”

The results are “a wake-up call for Republicans,” Whitfield said. He believes Republicans would have made greater gains without the influence of former President Donald Trump.

“It’s just an added incentive that Donald Trump is leaving politics,” Whitfield said. “I think his personality is such that a lot of people just can’t stand him.”

Reporter Jeremy Dillon contributed.

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Probate judge faces election campaign https://apdaweb.org/probate-judge-faces-election-campaign/ Fri, 04 Nov 2022 21:41:00 +0000 https://apdaweb.org/probate-judge-faces-election-campaign/ Judge Debora Faulkner faces challenger Chad Groover in the race for Greenville County probate judge. Faulkner is the Democratic nominee on the ballot and Groover is the Republican nominee. Greenville County’s probate court is the state’s largest and busiest. The probate judge is the only voter-elected judge in South Carolina. Faulkner took office in 1999 […]]]>

Judge Debora Faulkner faces challenger Chad Groover in the race for Greenville County probate judge. Faulkner is the Democratic nominee on the ballot and Groover is the Republican nominee. Greenville County’s probate court is the state’s largest and busiest. The probate judge is the only voter-elected judge in South Carolina. Faulkner took office in 1999 and has not had a challenger since. Probate judges have jurisdiction over marriage licenses, deceased estates, guardianships of the incompetent, conservators of estates of minors and incompetents, minor settlements under $25,000, and involuntary commitments in facilities for the mentally ill and/or chemical dependent branch, according to the South Carolina Judicial branch. They also have exclusive jurisdiction over trusts and concurrent jurisdiction with circuit courts over powers of attorney, depending on the industry. “If an elderly person’s checking account is searched, we need to be able to stop our activities and freeze those accounts by issuing a court order, we’re doing and issuing that warrant. So we have to respond quickly to emergencies and be able to handle routine cases,” Faulkner said. “Whoever walks in the door is treated fairly and with respect, and I’ve been doing that for 23 years.” Faulkner said she has those full support of nearly all members of the Greenville County Bar Association. Among her accomplishments was the creation of a free service that allows attorneys to log into a case management system, thereby saving their clients’ money. She said her focus is on ensuring that the court is efficient, and also wants it to be a place where people feel comfortable.”I promise to continue to make service to you my top priority and to continue to develop and use technology to ensure that we are the most efficient and service oriented court, but I will not use technology so much that we ve the single relating – a personal experience that some people prefer to technology, and which will always be my top priority to make sure everyone who walks through the door gets the service they need,” she said. Groover is a probate attorney in Greenville. He is a managing shareholder at Upstate Elder Law. Before that, he spent time in Washington working with lawmakers. “I was an attorney for the Senate Judiciary Committee in DC,” he said. “I worked for (Sen.) Chuck Grassley from Iowa. I was his attorney for crimes, advice and supervision, so I made sure the government up there in the Departments of Justice and Homeland Security and the FBI was doing their job properly, and if you weren’t, you asked why. Such good government flows in my veins. Groover said he was concerned about court and public access and involvement. “We want a court that is efficient, transparent and close to the citizen, and as a probate judge I can help ensure that that is the case.” Election day is Tuesday 8 November.

Judge Debora Faulkner faces challenger Chad Groover in the race for Greenville County probate judge.

Faulkner is the Democratic nominee on the ballot and Groover is the Republican nominee.

Greenville County’s probate court is the state’s largest and busiest. The probate judge is the only voter-elected judge in South Carolina.

Faulkner took office in 1999 and has not had a challenger since.

Probate judges have jurisdiction over marriage licenses, deceased estates, guardianships of the incompetent, conservators of estates of minors and incompetents, minor settlements under $25,000, and involuntary commitments in facilities for the mentally ill and/or chemical dependent branch, according to the South Carolina Judicial branch. They also have exclusive jurisdiction over trusts and concurrent jurisdiction with circuit courts over powers of attorney, depending on the industry.

“If an elderly person’s checking account is searched, we need to be able to stop our activities and freeze those accounts by issuing a court order, we’re doing and issuing that warrant. So we have to respond quickly to emergencies and be able to handle routine cases,” Faulkner said. “Whoever walks in the door is treated fairly and with respect, and I’ve been doing that for 23 years.”

Faulkner said she has the full support of almost every member of the Greenville County Bar.

Among other things, she has built a free service that allows lawyers to log into a case management system, thereby saving their clients’ money.

She said she is focused on making sure the court is efficient and also wants it to be a place where people feel comfortable.

“I promise to continue to make service to them my top priority and to continue to develop and use technology to ensure we are the most efficient and service-oriented court, but I will not use technology so much that we lose the singles – a personal experience that some people prefer to technology, and which will always be my top priority to make sure everyone who walks through the door gets the service they need,” she said.

Groover is a probate attorney in Greenville. He is a managing shareholder at Upstate Elder Law.

Before that, he spent time in Washington working with lawmakers.

“I was an attorney for the Senate Judiciary Committee in DC,” he said. “I worked for (Sen.) Chuck Grassley from Iowa. I was his attorney for crimes, advice and supervision, so I made sure the government up there in the Departments of Justice and Homeland Security and the FBI was doing their job properly, and if you weren’t, you asked why. Such good government flows in my veins.

Groover said he was concerned about court and public access and involvement.

“We want a court that is efficient, transparent and close to the citizen, and as a probate judge I can help ensure that is the case.”

Election day is Tuesday November 8th.

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Capitol Notebook: Iowa expands post-election hand count reviews https://apdaweb.org/capitol-notebook-iowa-expands-post-election-hand-count-reviews/ Tue, 01 Nov 2022 22:26:25 +0000 https://apdaweb.org/capitol-notebook-iowa-expands-post-election-hand-count-reviews/ Also, the newest Iowa Supreme Court Justice will be sworn in on November 18th Gazette-Lee Des Moines Bureau Nov 1, 2022 5:26 p.m Iowa Secretary of State Paul Pate concludes his vote on the first day of early in-person voting October 19 at the Lindale Mall in Cedar Rapids. (Geoff Stellfox/The Gazette) Local election officials […]]]>

Also, the newest Iowa Supreme Court Justice will be sworn in on November 18th

Iowa Secretary of State Paul Pate concludes his vote on the first day of early in-person voting October 19 at the Lindale Mall in Cedar Rapids. (Geoff Stellfox/The Gazette)

Local election officials must conduct hand count checks of two election results instead of just one, under a new rule implemented by the state’s top election official.

Iowa Secretary of State Paul Pate announced Tuesday that all 99 counties will be required to conduct a two-race hand count exam after the Nov. 8 election. Previously, the officials had to carry out an examination at a race.

For the election of the governor, a randomly selected district within each district hand-tallyes these votes. These results are compared to ballot papers to ensure accurate vote counting.

The Secretary of State’s office will announce an additional campaign and randomly selected districts in each county for another hand count review.

“This is being done to ensure Iowans the integrity of the vote,” Pate said in a press release. “Our post-election audits consistently matched the ballots perfectly. Adding another race to the process gives the process more protection, transparency, and security. We want Iowa residents to know their vote counts.”

Pate, a Republican, has been in recent months attempts to curb misinformation and disinformation in voting, even if some of it comes from members of his own party. Pate’s office has produced statements, videos and other information, including a special “Myth vs. Fact” website that pushes back lies and distorted facts about the Iowa election.

Up for re-election, Pate is being challenged by Linn County Comptroller Joel Miller, who claims Pate has not done enough to disprove politicians who spread election fraud.

New Iowa Supreme Court Justice

David May will be sworn in as the newest Justice on the Iowa Supreme Court during a public ceremony Nov. 18.

Iowa Supreme Court Chief Justice Susan Christensen will take the oath of office on May in the Supreme Court courtroom at the Department of Justice building in Des Moines.

May will become the fifth judge appointed by Gov. Kim Reynolds to the Iowa Supreme Court, and the entire seven-member court will consist of Republican appointments. He replaces Justice Brent Appel, the last Democrat-appointed judge to reach state retirement age earlier this year.

May previously served on the Iowa Court of Appeals and as a District Judge in Central Iowa.

AG investigating robocallers

Two voice service providers are under investigation for alleged involvement in illegal robocalls, the Iowa Attorney’s Office said.

The National Anti-Robocall Litigation Task Force is investigating Michael Lansky LLC — doing business as Avid Telecom — and One Eye LLC, according to Iowa Attorney General Tom Miller.

“When states formed the National Anti-Robocall Task Force, we pledged to lead the fight against anyone who helps these scammers and robocallers. With these investigations, we’re doing just that,” Miller said in a press release.

The national task force, created in August, is investigating and taking legal action against telecom companies responsible for bringing much of the foreign robocalls to the United States, Miller’s office said.

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Ohio Supreme Court nominees 2022 https://apdaweb.org/ohio-supreme-court-nominees-2022/ Sun, 30 Oct 2022 08:56:39 +0000 https://apdaweb.org/ohio-supreme-court-nominees-2022/ O’Connor cannot run again due to the state age limit for the seat. Two current justices, Democrat Jennifer Brunner and Republican Sharon Kennedy, are seeking to succeed them as Chief Justice. If a current justice wins the office of chief justice, the governor may appoint a replacement to fill the winner’s former seat. The other […]]]>

O’Connor cannot run again due to the state age limit for the seat. Two current justices, Democrat Jennifer Brunner and Republican Sharon Kennedy, are seeking to succeed them as Chief Justice. If a current justice wins the office of chief justice, the governor may appoint a replacement to fill the winner’s former seat.

The other two contested seats are held by Justice Pat DeWine and Justice Pat Fischer. Both are seeking a second term, which are rejected by Democratic Justices Marilyn Zayas and Terri Jamison, respectively.

The Bar Association’s Judicial Campaigns Ads Oversight Committee announced in September that Brunner, Jamison and Zayas had signed their “clean campaign agreement” and took personal responsibility for ads published by their campaigns or authorized committees. DeWine, Fischer and Kennedy declined to sign, the bar association said.

The Dayton Daily News reached out to each candidate’s campaign for comment. Not all responded, but all candidates answered Ohio State Bar Association questions. The following profiles are based on both answers.

supreme justice

Brunner, who was elected to the court in 2020, said she has always viewed her work as a public service.

“I have chosen to run for Chief Justice to continue the work started by those who came before me — Chief Justice (Thomas) Moyer and Chief Justice O’Connor,” she said.

Brunner outlined priorities for the court, including establishing a commission on fairness and equality in the legal system; creating a criminal convictions database; expanding special court files to address the root causes of crime, preparing for legal issues arising from environmental issues; and improving court technology and continued focus on the opioid epidemic.

She strictly adheres to the separation of powers between the three state powers, but also to the fact that everyone – including the legislature – is subject to the law.

DiscoverOhio Governor Candidates Answer Your Questions

“As the pandemic subsided, I was able to travel throughout Ohio, particularly in rural Ohio,” Brunner said. “They are tired of extremist positions and are looking for qualified, experienced, dedicated civil servants with a focus on public service.”

Kennedy, in her second term at court, said she previously worked as a police officer, attorney and trial court judge.

She has worked with many partners in the justice system to solve specific problems and seen that she could make a greater impact as a Supreme Court justice, she said.

“My legal philosophy is described as legal restraint,” Kennedy said. “My determination of what the law says is governed by the letter of the constitutional provision, statute, or treaty.”

She would try to improve the court system by asking judges to apply for technology grants to allow for faster virtual hearings; Encourage communities to take advantage of the nationwide Stepping Up program for the mentally ill; and promoting the use of drug treatment courts for nonviolent substance abuse.

“I’ve enjoyed touring Ohio and speaking to constituents in all 88 counties,” Kennedy said. “It was a great opportunity to learn about their main concerns: the economy, the rise in crime and the government’s lack of transparency.”

Kennedy said she will encourage young people to work in the court system, “continue to serve on panels that discuss racial injustices in the justice system, and work with community leaders to help them connect to the resources they need,” and implement diversity education and work inclusion programs in court.

In her bar association responses, Kennedy signaled that as Chief Justice she would not consider punitive action for the legislature’s refusal to draw county maps in accordance with court orders. Courts can declare laws unconstitutional and review the actions of other branches of government, but cannot direct legislatures to make specific laws, she said.

“And while the courts have the power of contempt, they don’t have the enforcement powers of the executive branch,” Kennedy said.

DeWine vs. Zayas

The son of incumbent Republican Gov. Mike DeWine, who was elected to the court in 2016, is up against First Circuit Court of Appeals Judge Marilyn Zayas.

“I aspire to serve on the Ohio Supreme Court because my skills and talents are there where I can make the greatest positive difference in the lives of Ohioans,” said Pat DeWine.

Interpretation of the law should be done by focusing on legislative language, he said.

“I share the view that judges are not given a broad mandate to solve society’s problems as they see them, but to decide cases before them according to the rule of law,” DeWine said. “At best, judicial decision-making does not further any particular policy objective; but apply the law justly, as it is written.”

DeWine said he is working on establishing the ICourts task force to improve efficiency, teaches law and works extensively with young attorneys and students.

The legal system should strive to welcome and support everyone equally, he said.

DiscoverThe stakes are high at Ohio Statewide races

Originally from New York City, Zayas grew up in a “tough neighborhood ravaged by crime and drugs” and became interested in law as a teenager while helping her mother navigate the court system. That background gives her a unique perspective on the court, she said.

Zayas came to Ohio to work for Proctor & Gamble and left that job to go to law school.

“As the first person of color elected to my court and the first Latina elected to an Ohio Circuit Court of Appeals, my goal is to build a reputation as a judge that inspires others from nontraditional backgrounds to pursue a career in law strike,” she said.

Zayas said she created an “Educating Tomorrow’s Leaders” program to promote diversity, equity and inclusion in the court system.

Zayas agreed with other candidates that judicial independence is essential. She joined Brunner and Jamison in saying she wanted to continue O’Connor’s efforts for a law enforcement database and bail reform.

“In addition, I will look for ways to support and extend the use of specialized files, such as E.g. mental health, second chance trafficking, veterans, drug courts and commercial files,” Zayas said.

Fisher vs. Jamison

Jamison, on the Ohio Circuit Court of Appeals since 2021, worked as a coal miner in West Virginia before beginning her law career. She said she is running to preserve and strengthen the independence of the Supreme Court. Jamison specifically mentioned the court’s contribution to the redistribution as a “check and balance” for the Legislature and the Executive.

Like Brunner, Jamison said she wants to continue O’Connor’s work on technology, access to justice, creating a criminal convictions database and modernizing the criminal procedure manual.

Jamison said she has always advocated for equal access to justice, diversity and inclusion, and has looked for alternatives to juvenile incarceration.

The courts must be above politics, she said.

“Of course, cases with political implications will come to court. If they do, the judges hearing them should make decisions based solely on the law,” Jamison said.

Fischer said he wanted to be a lawyer since eighth grade and described his legal philosophy as “common sense textualism”.

Elected to the Supreme Court in 2016, he said he continues to learn, make public presentations and join the Bar Association’s efforts for diversity and inclusion.

“The courts must remain a separate branch of government, leaving legislation to the legislature and execution to the executive,” Fischer said.

Fischer said he believes judges and the bar association should work together to improve the justice system.

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The ex-wife of a recently pardoned man, an American Legion officer, said she “lived with fear every day”. https://apdaweb.org/the-ex-wife-of-a-recently-pardoned-man-an-american-legion-officer-said-she-lived-with-fear-every-day/ Thu, 27 Oct 2022 11:14:42 +0000 https://apdaweb.org/the-ex-wife-of-a-recently-pardoned-man-an-american-legion-officer-said-she-lived-with-fear-every-day/ LINCOLN — The former wife of a man who was recently pardoned for violently sexually assaulting her 29 years ago speaks for the first time and tells a very different story than what was presented to the Nebraska Parolees Board last month. Jody Snogren said her then-estranged husband, John Arias, drove to their Ogallala home […]]]>

LINCOLN — The former wife of a man who was recently pardoned for violently sexually assaulting her 29 years ago speaks for the first time and tells a very different story than what was presented to the Nebraska Parolees Board last month.

Jody Snogren said her then-estranged husband, John Arias, drove to their Ogallala home on April 30, 1993, armed with a large hunting knife and a parachute line. With him were the couple’s two young sons aged 5 and 7 and a pal of theirs.

Without thinking, she opened the door.

“He had the knife out and pushed me into this bedroom,” Snogren said. “I was screaming my eldest son’s name.”

Little Son ‘Couldn’t Help Me’

“I am I’m not sure what that did to him because he couldn’t help me.”

She said that after what appeared to be hours of repeated attacks, Arias fled to Texas with the children, leaving them bound, gagged and broken.

Snogren, now 57, divorced and living in Grant, southwest Nebraska, said after learning about her ex-husband’s pardon through a story in the Nebraska Examiner, after speaking with their two sons, she decided it was on it was time to speak up.

“HHe doesn’t have the right to hold the pen that’s writing my story,” she said. “And he’s been doing that for a very long time.”

No mercy

“Had he been honest and come in there and said, ‘I committed a horrific, violent crime and I’m sorry,’ that would be a whole different story,” she said.

But no violent offender who did what he did deserves a pardon,” Snogren said.

Calls and emails seeking a response from Arias went unanswered this week.

Arias, now 57, lives on Grand Island and works as a mobile home park manager. He was serving 14 years in prison after pleading guilty to first-degree sexual assault charges in a plea deal. Five other felony charges and one misdemeanor charge were dropped, including using a weapon to commit a crime, making terrorist threats and deprivation of liberty.

John Arias, a volunteer mentor coordinator, was recently featured in the Grand Island Independent as part of a story about a veterans’ treatment court being established in central Nebraska.
(Courtesy of the Nebraska Department of Justice)

He told the Nebraska Pardons Board that he wanted a pardon because he had lived a productive life since his release from prison. He said he was harassed for his previous sex offenses and found unfit for senior office in the American Legion, resulting in a “lifetime” listing on the State Patrol’s public sex offenses registry. He served as district vice commander for the Legion, Legion Riders organizer and on a national veterans rehabilitation committee.

Actions cannot be undone

“I know I can never take back my words and actions on the night of April 30, 1993,” Arias wrote in his official pardon. “But I hope to move on from that and live a life without the stigma.”

Snogren, who opposed Arias’ parole release from prison, said her ex-husband never showed her remorse for what he did.

She said he did the opposite by “holding it on me” when something bad happened in her life, telling her “she deserved it.”

Snogren said she was particularly upset that, as a victim of a violent crime, she was not informed of September’s parole board hearing and was not given an opportunity to testify.

A spokeswoman for the Parolees Committee said state law requires victims of serious crimes to notify the local district attorney if they wish to be informed of such hearings, and the committee had no record of doing so in this case.

Snogren said she was unaware of the requirement.

Vote was 2-1 for pardon

The Pardons Board voted 2-1 to grant Arias a pardon, which is an official forgiveness for a crime. A pardon does not remove a crime from the state records.

But a pardon restores Arias’ weapon and voting rights. Arias explained that what he wanted first and foremost was a pardon so that his name would be removed from the state’s sex offender registry (which happened recently).

A pardon, he told board members, would allow him to hold senior leadership positions within the American Legion and remove the “stigma” of registration. Arias said he was harassed for being listed and needed to obtain pre-authorization to visit school grounds.

Angered other Legion members

The decision to pardon Arias sparked a group to plan a protest Rally this Friday at the State Capitol. They largely object to the fact that several members of the American Legion, including the current State Commander, assisted Arias in the parole board meeting.

They criticized Legion members, who filled two rows in the hearing room, for wearing their distinctive caps at a non-Legion event and for not informing all Legion members in advance that a demonstration of support was planned.

Governor Pete Ricketts, the chairman of the board, and Attorney General Doug Peterson both voted in favor of the pardon.

Secretary of State Robert Evnen
Secretary of State Robert Evnen (Courtesy Office of the Nebraska Secretary of State)

Secretary of State Bob Evnen, the third board member, voted “no” to a pardon and said he did not believe Arias “fully understand what happened that night and what you did.”

“It’s a really serious charge,” Evnen said.

Peterson said the request was on the “bubble” between pardon and non-grant.

“We have taken these types of criminal acts, such as sexual assault and child molestation, very seriously in the past,” the attorney general said.

“You’re not denying it?” Peterson asked.

“I plead guilty,” Arias replied.

“They forced her to have sex,” the attorney general said.

“I’m not calling her a liar,” Arias said.

Attorney General Doug Peterson
Doug Peterson, Attorney General of Nebraska
(Paul Hammel/Nebraska examiner)

“I see what you’re saying,” he added at one point. “I destroyed several lives that night, including mine.”

When Ricketts asked Arias if he had been treated for PTSD, Arias replied “no,” but said he attended a group of in-prison veterans who shared their experiences with it.

anger problem no more

“Well sir, I don’t have an anger problem anymore,” Arias replied. “The guys at work are now saying I’m the most laid back person they know.”

In response to a question, he said that he once wrote an apology letter to his wife from prison, but that his prison guards refused to send it.

Peterson said it was commendable that Arias served his time in prison, got a job immediately, and was actively involved in helping other veterans through the American Legion. He is also the mentor coordinator for a new Veterans Treatment Court, serving as an alternative to prison for offenders in central Nebraska.

Military service, Legion support noted

The Attorney General said that Arias’ service in the military and thereafter convinced him to support the pardon.

Before the vote, all three members of the Parolees Committee noted Arias’ service in the Marine Corps and the support he received from Legion members in the hearing room.

Later, after the protest rally was announced, Ricketts defended his vote for the pardon, saying Arias had “accepted responsibility for the crime” and “showed remorse”. The governor also mentioned Arias’ work with other veterans suffering from PTSD.

After criticism arose, Don Suchy, the current State Commander of the American Legion, defended the support given by another Legion member. He said Arias has been a “model citizen” since his release from prison, having been a “key advocate” for the Veterans Treatment Court and discouraging others from repeatedly committing crimes.

“Since his release, he’s just been trying to better himself for society,” Suchy said.

The abuse began before military service

Snogren said her ex-husband began abusing her about a year after their marriage in 1985, well before he enlisted in the Marines and was sent into battle.

There are cycles of abuse, she said, and there have been times when the marriage worked. But Snogren said her husband made it “very clear” there would be violent consequences if she left him.

“I lived with fear every day,” she said.

She gasped when she learned the story Arias told the sexual assault parole board – that the couple had argued and that his anger had overcome him for telling him he couldn’t have the boys that weekend .

“I pushed her onto the bed, I cursed her. … I threatened to kill her if she took my sons from me,” Arias testified. “I said, ‘I will see my sons whether you like it or not.” “

She started undressing,” he said. “‘What are you doing?’ She said, ‘I know what you want.’ … We had sex.”

couldn’t control anger

Arias admitted to the parole board that he couldn’t control his anger that night, but he also said that before his sexual assault trial he had been diagnosed with post-traumatic stress disorder and that PTSD had affected his relationship with his wife and, eventually destroyed his marriage.

Snogren said since learning of her ex-husband’s pardon, the trauma of the attack has returned.

“My post-traumatic stress disorder has come back. I go around and make sure all my windows are locked,” she said, crying.

“I don’t want to grope in the dark. I’m super alert now like it happened yesterday.”

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ASBSU delegates adopt new constitution, IESC and Funding Board dissolve into tripartite system – The Arbiter https://apdaweb.org/asbsu-delegates-adopt-new-constitution-iesc-and-funding-board-dissolve-into-tripartite-system-the-arbiter/ Mon, 24 Oct 2022 18:09:23 +0000 https://apdaweb.org/asbsu-delegates-adopt-new-constitution-iesc-and-funding-board-dissolve-into-tripartite-system-the-arbiter/ Delegates ended day two of the Associated Students of Boise State University (ASBSU) constitutional convention with the adoption of a new constitution. The proposed constitution passed by a nine-vote vote, with opposition from two members of the Inclusive Excellence Student Council (IESC) and two ASBSU Funding Board officials. If the constitution is approved by the […]]]>

Delegates ended day two of the Associated Students of Boise State University (ASBSU) constitutional convention with the adoption of a new constitution. The proposed constitution passed by a nine-vote vote, with opposition from two members of the Inclusive Excellence Student Council (IESC) and two ASBSU Funding Board officials.

If the constitution is approved by the Dean of Studies and Boise State President Marlene Tromp, the constitution will go to a general student vote on a future date to be announced Wednesday, October 26.

Honors College Senator Ethan LaHaug introduced the new constitution and established a three-branch system that would mandate the election of all senators, in addition to dissolving the IESC and Funding Board as separate branches of the student body.

This would integrate the Funding Board into the Executive and bring the IESC together in all three branches. The IESC would hold a cabinet position in the executive branch, seats in the General Assembly, and a seat in the new judiciary. The Ethics Officer would be replaced by the position of Attorney General.

All responsibilities of the Funding Board are replaced by the Joint Finance Appropriations Committee (JFAC). JFAC consists of the Assistant Vice President for Student Organization Affairs, the Attorney General, the Chief of Staff, two Academic Senators appointed by the Assistant Vice President for Academic Affairs, and two Student Assembly members appointed by the Vice President.

The Associate Vice President for organizational affairs serves as the JFAC Chair. The proposed charter also aims to increase freshman representation by adding three new representatives to the General Assembly.

Proponents of the bill said the IESC was an activist branch that wielded too much influence. Sen. LaHaug cited the council’s role in conducting the landmark vote that led to former ASBSU President Angel Cantu impeachment proceedings.

LaHaug said the IESC supported Cantu’s removal in 2020 because of his pro-police stance, which IESC member Leo Parry refuted, explaining that the IESC’s decision was based on their meeting with concerned black students who said Cantu has a hostile environment created.

The main concerns of the opposition reflected the feelings set out last week, namely how this change would dilute the influence of the IESC by splitting the council into three branches. and the removal of paid positions for members of the IESC and ASBSU Funding Board, such as B. the senior positions in both groups.

[Photo from day two of ASBSU’s constitutional convention.]
Taya Thornton | The referee

The constitution would have no way of removing paid positions. These and other funding issues would depend on the Legislature, made up of the Senate and House. Delegates can make proposals that will be discussed on the third day of the Constitutional Convention.

“Our goal is to get as many people around the table as possible and make sure everyone is included and that their voice is heard,” said IESC member Amelia Jobe. “We’re not trying to promote a political ideology; that’s not our goal. We just work with students from different backgrounds and try to get their voice in student government.”

The day was filled with debates and an overview of the main changes that were outlined, with the proposed constitution initially due for further processing next week. Then Racial and Ethnic MP Angelo Lopez moved to pass the proposed constitution.

“It’s confusing that my position is kind of swept under the rug when we talk about being inclusive. The whole point of what we have now in the Assembly and Senate is to bring people with different identities together. We have that now. We’re doing a hell of a job I’d say since it’s my first time at ASBSU,” Lopez said. “I am endeavoring to make this our final charter now and send it to the Dean [of students] so we can start making actual changes.”

ASBSU Funding Board staff member Amia Guerricabeitia responded that delegates had yet to make amendments to the bylaws, to which Lopez responded that the delegation was using Robert’s rules of procedure.

“This is a simple motion, you vote on it now and we move on,” Lopez said.

Then there was a vote, nine for and four against.

ASBSU President Adam Jones emailed The Arbiter that the proposal is intended to “center” the three branches the IESC within ASBSU as opposed to the separation of the IESC from the rest of student government as it currently stands.”

The meeting ended with public statements largely opposed to the new constitution, similar to last week.

Two public testimonials targeted Rep. Lopez directly. One student, Mayra de Anda Hernandez, stopped in mid-sentence to ask State Representative Sebastian Griffin why he was grinning at her comment that she was Mexican. She told Lopez that her comment was directed at him.

“I’m just really sad and confused about where you stand and what your goal really is. To me, you’re all here because you want to represent the student body,” said Anda Hernandez. “Because you are so tied to your background and identity I would like to have a conversation and see where you feel about this because I haven’t felt the support from you that I have felt from the IESC.”

Another student, Diego Tapia, said he mimicked Anda Hernandez’s point of view and directed his comment to Rep. Lopez. He said the only reason he knew about the meeting was because of the IESC and he would like to attend the conversation proposed by Anda Hernandez.

A student asked for the recordings of the sessions to be made publicly available. ASBSU Vice President Ryan Bernard said they were advised not to share the final recording because it was a Zoom call that included the faces of people who had not consented to it being broadcast. Delegates said they would find a way to make the recordings available to the public in the near future.

Ethics Officer Anahita Zabihi Gilvan highlighted that the ASBSU Funding Board has funded over 60 grants, while the Legislature collectively passed just 15 bills and resolutions this semester.

“Efficiency is important when it comes to funding organizations. So if we only have one committee in the Senate, I don’t think that’s a very good idea. Obviously the Funding Board is very effective on its own,” said Zabihi Gilvan.

The latest public comment came from Christian Garcia, past president of the College of Idaho (C of I) student body and vice president for student excellence for C of I. He said they modeled their student government on ASBSU when they decided , C of I to establish a governing body modeled on the IESC.

Garcia praised the ability of his former school’s inclusive organization of excellence to advocate for and represent historically marginalized groups. He focused on the role of empathic leadership and reiterated his support for the IESC.

“The IESC operates from a source of love, empowerment and education,” Garcia read on the IESC website. “It’s really strange for me to see how this can become such a big problem and how wrong it is to enshrine these values ​​in your student government. That’s just my two cents here,” Garcia said, earning applause from viewers.

The new constitution passed by the delegation must be approved by the Dean of Studies and Boise State President Tromp before it goes to the student body for a vote.

The third day of the ASBSU Constitutional Assembly will take place on Saturday 29 October. The time and place have not yet been announced. The next meeting will focus on code changes and funding proposals.

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