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New North Dakota Supreme Court chief justice to be chosen
Legal World News |
2019/11/22 12:56
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North Dakota is getting a new Supreme Court chief justice.
The new chief justice will be chosen by their colleagues and district court judges on Monday. Ballots will be counted at 4 p.m. at the state Capitol in Bismarck.
Justices Daniel Crothers, Lisa Fair McEvers, and Jon Jensen filed to fill the chief justice position that was left open after 86-year-old Chief Justice Gerald VandeWalle announced in September he would not seek reappointment to the top post when his term expires at the end of the year.
Justice Jerod Tufte was the only justice who did not express interest.
VandeWalle was elected chief justice five times since 1993. The chief justice is appointed to five-year terms. |
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Challenger accuses Supreme Court’s Kelly of corruption
Court Updates |
2019/11/20 00:54
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Wisconsin Supreme Court challenger Jill Karofsky suggested Tuesday that Justice Daniel Kelly is corrupt because he repeatedly rules in favor of conservative groups, saying it makes no sense that the law could be on their side all the time.
Karofsky made the remarks at the candidates’ first debate. Karofsky and Kelly used the opportunity to paint each other as partisan and the third candidate, Ed Fallone, struggling to get a word in during their exchanges.
Kelly is part of the high court’s five-justice conservative majority. Karofsky went right at him as soon as the debate began, saying it’s “amazing” that a justice is being supported by right-wing special interest groups. Twice she implied that Kelly is corrupt, questioning why he repeatedly rules in conservative groups’ favor.
“What voters see is that you get support from special interests. You ignore the rule of law and you find in favor of those special interests over and over and over again, and that feels like corruption to people in the state of Wisconsin,” Karofsky said.
Kelly shot back that Karofsky scores the outcome of cases through a political lens. He said he applies the law fairly and uses hard logic to reach his decisions.
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Myanmar rejects court probe into crimes against Rohingyas
Legal World News |
2019/11/19 19:53
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Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority.
Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case.
Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign.
Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings.
“It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw.
The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation.
Last year’s statement charged that the court’s prosecutor, by claiming jurisdiction, was attempting “to override the principle of national sovereignty and non-interference in the internal affairs of other states.” |
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EU court refers doubts on Polish judiciary to national court
Legal World News |
2019/11/18 19:54
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The European Union's top court ruled Tuesday that there are reasons to question the independence of a new judicial chamber in Poland that monitors and potentially punishes judges.
However, the European Court of Justice left it to Poland's highest court to determine whether the new Disciplinary Chamber is independent of influence from the nations' legislative and executive powers.
In Poland, both sides of the heated dispute around the ruling party's controversial changes to the country's judiciary declared victory upon hearing the verdict.
The head of the Supreme Court, Malgorzata Gersdorf, said the EU court clearly shared concerns over the new chamber, which is part of the Supreme Court. She vowed action aiming to "restore trust" in Poland's top court and its judicial bodies.
The right-wing government, however, said the ruling, which referred the matter back to Poland's judges, was a clear sign that the EU court believes it has no jurisdiction to assess the justice systems of member nations. Poland's ruling Law and Justice party has been voicing that opinion ever since it started to introduce changes to the judiciary when it took power in 2015.
The EU court's ruling also implied there are questions about the independence of another top body in Poland, the National Council of the Judiciary, which proposes judges for court positions, including on the Supreme Court, and is supposed to protect their independence.
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