|
|
|
Swiss court declines to remove judge from Sun Yang retrial
Court Watch |
2020/12/26 11:48
|
A legal challenge by Sun Yang against one of the judges who banned the Chinese swimmer for eight years in a now-overturned ruling has not been accepted by a Swiss federal judge.
Switzerland’s supreme court said Monday it deferred to the Court of Arbitration for Sport to decide if Romano Subiotto is eligible to serve on the judging panel at Sun’s retrial.
Subiotto was picked by the World Anti-Doping Agency last year to sit on the panel of three arbitrators that imposed the ban on three-time Olympic champion Sun for violating rules at a sample collection.
The ban was voided last week by the Swiss Federal Tribunal, whose bench of five judges upheld an appeal by Sun’s lawyers that CAS panel chairman Franco Frattini was biased. It did not consider the merits of the evidence.
Frattini, the former foreign minister of Italy, had posted anti-China comments on social media before Sun’s CAS hearing held in November 2019.
Because the first CAS process was quashed, the federal judge ruled she did not have authority over a request for an arbitrator to be recused, the supreme court said.
Subiotto and the other judge at the original hearing, Philippe Sands, a British barrister selected for the hearing by Sun’s legal team, could be picked for the retrial due next year.
However, Sun’s lawyers would likely object to them ? at a CAS panel that assesses such challenges ? because they were already part of a unanimous 3-0 verdict against him.
Sun’s lawyers have consistently objected to lawyers involved in the case.
Subiotto was selected by WADA after its original choice stepped aside during repeated challenges by Sun’s lawyers, and WADA’s American lead prosecutor stayed on the case despite a failed appeal to federal court that he had an alleged conflict of interest.
The retrial faces a tight schedule and complications during the coronavirus pandemic to be decided before the Tokyo Olympics.
The 29-year-old Sun is the current world champion in the men’s 400-meter freestyle, which is among the first Olympic events scheduled to begin competition on July 24. |
|
|
|
|
|
|
High court opening tops Pennsylvania’s 2021 judicial races
Court Issues |
2020/12/21 11:49
|
Statewide judicial races will be among Pennsylvania’s most closely watched election contests in the coming year, with lawyers and judges around the state already lining up supporters and trying to figure out if they can raise enough money to win.
The marquee race will be for Supreme Court, where the Democrats’ 5-2 majority has flexed its muscle with a series of rulings this year about mail-in balloting and coronavirus restrictions.
Chief Justice Thomas Saylor, a Republican, will reach the mandatory retirement age of 75 in 2021, and keeping his seat in GOP hands is critical to his party’s hopes to eventually reclaim a majority on the high court.
While a lot can change, for now at least three Superior Court judges are running ? Democrats Maria McLaughlin and Carolyn Nichols, and Republican Vic Stabile. Commonwealth Court Judge Kevin Brobson, a Republican, is also considering it. Pay for appeals court judges starts at $202,000.
The two state party organizations will decide in the coming months whether to endorse a candidate in the May primary and if so, who that will be.
Endorsements would likely narrow the field. They come with financial and logistical backing that are particularly important for judicial candidates, who are generally not career politicians and face special restrictions on their role in fundraising.
Stabile contacted members of the Republican State Committee last week to say he wants the endorsement.
“I would run, of course, if I got the endorsement,” Stabile said. And if not? “In all likelihood, I would respect that, wish the other person good luck and step aside.”
Nichols plans a formal announcement next month.
“I am in it to run,” she said Monday. “I’m certainly out there attending virtual meetings and putting myself out there. I’m in an early stage.”
On Superior Court, an intermediate appeals court that handles most criminal and civil appeals from county courthouses, two judges are seeking retention in unopposed, up-or-down contests.
Superior Court terms are 10 years, but if Republican Judge John T. Bender’s retention campaign is successful he will serve briefly before reaching age 75. Party and court sources said Judge Mary Jane Bowes, a Republican, will also stand for retention. Nearly every statewide justice or judge who has ever run for retention has won.
The lone Superior Court vacancy is now held by Republican Judge Susan P. Gantman, who is retiring after 17 years. Gantman said her plans include writing children’s books on the topic of civics.
|
|
|
|
|
|
|
Longtime Wisconsin Supreme Court Justice Abrahamson dies
Court Watch |
2020/12/19 11:49
|
Shirley Abrahamson, the longest-serving Wisconsin Supreme Court justice in state history and the first woman to serve on the high court, has died. She was 87.
Abrahamson, who also served as chief justice for a record 19 years, died Saturday after being diagnosed with pancreatic cancer, her son Dan Abrahamson told The Associated Press on Sunday.
Wisconsin Gov. Tony Evers said in a statement that Abrahamson had a “larger-than-life impact” on the state's legal profession and her legacy is defined “not just by being a first, but her life’s work of ensuring she would not be the last, paving and lighting the way for the many women and others who would come after her.”
Long recognized as a top legal scholar nationally and a leader among state judges, Abrahamson wrote more than 450 majority opinions and participated in more than 3,500 written decisions during her more than four decades on Wisconsin’s highest court. She retired in 2019 and moved to California to be closer with her family.
In 1993, then-President Bill Clinton considered putting her on the U.S. Supreme Court, and she was later profiled in the book, “Great American Judges: An Encyclopedia.”
She told the Wisconsin State Journal in 2006 that she enjoyed being on the court.
“It has a mix of sitting, reading and writing and thinking, which I enjoy doing. And it’s quiet. On the other hand, all of the problems I work on are real problems of real people, and it matters to them, and it matters to the state of Wisconsin. So that gives an edge to it, and a stress,” she said.
The New York City native, with the accent to prove it, graduated first in her class from Indiana University Law School in 1956, three years after her marriage to Seymour Abrahamson. The couple moved to Madison and her husband, a world-renowned geneticist, joined the University of Wisconsin-Madison faculty in 1961. He died in 2016.
She earned a law degree from UW-Madison in 1962, then worked as a professor and joined a Madison law firm, hired by the father of future Gov. Jim Doyle.
Appointed to the state's high court by then-Gov. Patrick Lucey in 1976, Abrahamson won reelection four times to 10-year terms, starting in 1979. She broke the record for longest-serving in justice in 2013, her 36th year on the court.
Abrahamson was in the majority when the court in 2005 allowed a boy to sue over lead paint injuries even though he could not prove which company made the product that sickened him ? undoing decades of precedent and opening paint companies to lawsuits seeking damages.
But Abrahamson found herself in the minority on several high-profile cases later in her career, including in 2011, when the court upheld the law championed by Republican then-Gov. Scott Walker effectively ending public employee union rights, and again in 2015, when the court ended a politically charged investigation into Walker and conservative groups.
Abrahamson’s health began to fail in 2018, and she frequently missed court hearings. That May, she announced she wouldn’t run again in 2019, and in August, she revealed she has cancer.
Doyle, a former Wisconsin attorney general and two-term governor, called Abrahamson a pioneer and said he sought her advice when he first ran for Dane County district attorney in the 1970s. Doyle's father, who was a federal judge, gave Abrahamson her first job out of law school, Doyle said Sunday.
|
|
|
|
|
|
|
Senate confirms Barrett replacement on federal appeals court
Court Watch |
2020/12/16 19:28
|
The Senate has confirmed an Indiana prosecutor to replace Supreme Court Justice Amy Coney Barrett on a federal appeals court based in Chicago.
Thomas Kirsch, who currently serves as U.S. Attorney for the Northern District of Indiana, will replace Barrett as a judge on the U.S. Court of Appeals for the 7th Circuit. Kirsch was confirmed Tuesday on a 51-44 vote.
Three Democrats Arizona Sens. Kyrsten Sinema and Mark Kelly and West Virginia Sen. Joe Manchin voted for him in what was otherwise a party-line vote. Four Republican senators and Vice President-elect Kamala Harris did not vote.
President Donald Trump named Kirsch as Barrett’s replacement before she was confirmed to the high court in October, and the Senate Judiciary Committee advanced his nomination last week. Kirsch graduated from Indiana University and earned his law degree from Harvard.
Illinois Sen. Dick Durbin, who is expected to become the top Democrat on Judiciary in the next Congress, said Kirsch’s quick nomination and confirmation showed that Trump and Senate Republicans were intent on forcing through as many conservative judges as possible.
“They have kept the nominations assembly line going,″ Durbin said.
Sen. Todd Young, R-Ind., said Kirsch “is a man of character, he’s a man of integrity, and he believes in the rule of law.”
Sen. Mazie Hirono, D-Hawaii, said Kirsch’s nomination is “further entrenching the lack of diversity that is characteristic of President Trump’s judicial nominees,” noting that the appeals court he will join is the only all-white federal appeals court in the country. |
|
|
|
|
|
| Lawyer & Law Firm Websites |
|
|
Legal News RSS Feed
