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Court spurns religious claim to name change
Court Watch | 2012/08/03 18:16
An appeals court has rejected a Kansas man's claim that the federal justice system's refusal to recognize his new Muslim name violates his constitutional religious rights.

The 10th U.S. Circuit Court of Appeals ruled Tuesday that Michael White failed to show it was unreasonable to deny his request to amend all records in his criminal case.

A lower court held that replacing the name Michael White with Abdul Hakeem Kareem Mujahid in all federal court records would create confusion.

Mujahid is serving 10 years at a prison in Colorado for killing another inmate at the U.S. Penitentiary in Leavenworth. A Kansas court granted his petition to change his name in December 2010.


County's court records found in open recycling bin
Legal Opinions | 2012/08/01 23:16
Court administrators in Madison County say they'll do a better job of disposing of public records after court documents turned up in an open recycling bin.

The Alton Telegraph reports that one of its reporters responding to a tip found hundreds of the court records plainly visible in the container outside the county's complex in Wood River.

The records showed names of victims, including minors, dates of birth, addresses, telephone numbers, detailed accounts of why an order of protection was needed and Social Security numbers.

Madison County Interim Circuit Clerk Judy Nelson says a hauler who waited a couple of weeks to cart off the documents won't be used again. Nelson says the records instead will be disposed of immediately.


Court rejects Florida prison privatization appeal
Court Issues | 2012/07/27 18:58
An appellate court on Tuesday tossed out Attorney General Pam Bondi's request for a decision to uphold the proposed privatization of 29 South Florida prison facilities.

A three-judge panel of the 1st District Court of Appeal rejected her plea to reverse a lower court's ruling against privatization, saying Bondi couldn't appeal on her own after her client, the Department of Corrections, declined to do so. The panel unanimously dismissed the case because Bondi was not a party.

"A party who suffers an adverse judgment in Circuit Court has the right to appeal, but nonparties whose rights have not been adjudicated have no right of appeal," Chief District Judge Robert Benton wrote for the court.

Leaders of the Republican-controlled Legislature had urged Bondi to appeal after Gov. Rick Scott decided the department, which is part of his administration, would not.

One of Bondi's assistants acknowledged during oral argument last month that it was too late to carry out the privatization due to the expiration of a budget provision authorizing the plan. Nevertheless, Assistant Attorney General Jonathan Glogau asked the appellate court to issue a ruling upholding the privatization provision that would set a precedent for future budgets.


Court sides with NJ judges in pension dispute
Court Watch | 2012/07/25 20:58
New Jersey's Supreme Court dealt a partial defeat to one of Gov. Chris Christie's signature legislative accomplishments Tuesday when it ruled that the state's judges don't have to contribute more to their pensions and health benefits. A leading state lawmaker immediately said the battle over the matter would continue.

The narrow 3-2 decision sided with a legal challenge filed last year by a state Superior Court judge in Hudson County who argued that the law imposing the pension and health care benefits changes violated a part of the state constitution that set judges' salaries and said they cannot be reduced.

The justices noted in their ruling that without a corresponding salary increase, the increased contributions would eventually cost judges at least $17,000 annually in take-home pay, amounting to a pay cut of more than 10 percent.

Christie, a Republican, had worked with the Democratic-controlled Legislature to pass the law last year. It affects hundreds of thousands of government workers around the state in addition to between 400 and 500 sitting judges and justices.


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