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Agency: School boards, counties should stay out of court
Court Watch | 2018/03/26 06:15
School districts across North Carolina will present fall funding requests in the coming weeks, with the threat of costly and lengthy litigation if local county commissioners can't see eye-to-eye with school board members on spending.

The General Assembly's government watchdog agency told legislators Monday they should pass a law barring school districts from suing when funding disagreements can't be settled through formal mediation.

The Program Evaluation Division recommended the new law instead direct a county fund a district when mediation is exhausted through a formula based on student membership and inflation.

Some committee members hearing the agency report questioned whether it was worth changing the law since school funding impasses reached the courts just four times between 1997 and 2015. It took 21 months on average to resolve them.



Arkansas high court: Some execution drug info can be secret
Court Issues | 2018/03/25 06:14
The Arkansas Supreme Court says the state prison system must continue to identify the manufacturers of its execution drugs but that it can conceal information that could identify those who obtain the drugs for the state.

Pharmaceutical companies won't sell their drugs for use in executions, which has led some states to obtain execution drugs through middle men or from made-to-order compounding pharmacies.

Arkansas prison officials insist secrecy is needed to ensure a steady supply of the drugs. They argued that secrecy for the middle men who obtain the drugs should also extend to manufacturers, but a Pulaski County judge said it should not and justices on Thursday agreed with that ruling.


Court hears case alleging unconstitutional 6th District gerrymander
Court Issues | 2018/03/25 06:14
U.S. Supreme Court justices expressed frustration with partisan gerrymandering on Wednesday as they heard arguments in a case challenging Maryland’s 6th Congressional District.

The case, which alleges a Democratic gerrymander in Maryland at the same time justices are considering the constitutionality of an alleged Republican gerrymander in Wisconsin, has some legal experts wondering whether the justices might be on the verge of establishing a standard that would allow judicial intervention in partisan gerrymandering cases for the first time in the court’s history.

The 6th District challenge was brought by seven Maryland residents, including three from Frederick County, who argue that the district — which includes southwestern parts of Frederick County and the city of Frederick — was unconstitutionally gerrymandered to favor Democrats and punish Republicans during the reapportionment process after the 2010 census.

The justices heard arguments in the Wisconsin political gerrymandering case in October, but have not yet released an opinion.

The Maryland and Wisconsin cases both focus on unconstitutional partisan gerrymandering, but there are some important differences. The Maryland case challenges the redrawing of a single federal district to favor Democrats, while the Wisconsin case is based on the statewide redrawing of Wisconsin State Assembly districts to favor Republicans.

The two cases also allege different violations of voters’ rights: The Maryland case claims retaliation against Republican voters under a First Amendment framework, while the Wisconsin plaintiffs are alleging a violation of the equal protection clause under the 14th Amendment.


Utah teen appears in court in school backpack bomb case
Court Watch | 2018/03/23 06:16
A 16-year-old is facing attempted murder and other charges after prosecutors say he tried to ignite an explosive device in a backpack at his southern Utah high school.

The teen also was charged Monday in juvenile court in St. George with misdemeanor graffiti and abuse of a flag for allegedly cutting up an American flag and spray-painting words including "ISIS" on a wall at a different high school in nearby Hurricane.

The FBI determined the group was not involved. The Deseret News reports the boy remains in juvenile detention pending another court appearance. No explosion resulted and no one was hurt March 5 after the backpack was found emitting smoke in a common area of Pine View High School.

Charging documents say the boy told police that if someone got hurt, he probably wouldn't care.


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