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Hailey attorney named to Idaho District Court bench
Court Watch | 2017/08/13 23:50
Central Idaho attorney Ned Williamson has been named the new judge in Idaho's 5th District Court.

Gov. C.L. "Butch" Otter selected Williamson, a Hailey resident, to replace recently retired Judge Robert Elgee in Blaine County.

The Times-News newspaper reports Williamson served as a deputy prosecutor in both Canyon and Blaine counties before opening his private law practice in 2001. Williamson was one of four candidates submitted to Otter for the judgeship.

Otter said Williamson's local experience will serve him well on the bench. Williamson said he's honored by the selection and will dedicate himself to being a fair and impartial judge.


NJ Supreme Court Reverses Decades-Old Divorce Law
Court Watch | 2017/08/07 23:53
The New Jersey Supreme Court has reversed a decades-old law in a landmark decision that makes the child the focus of divorce relocation proceedings.

The law centers on divorced parents who want to leave New Jersey with the child against the other parent's wishes.

NJ.com reports the previous law focused on whether the move would "cause harm" to the child. After Tuesday's ruling, divorced parents now must prove the move is in the child's best interest.

The decision centers on a 2015 case where a father tried to keep his daughters from moving to Utah with his ex-wife. The attorney for the father says the ruling will make a large impact in future proceedings.

The attorney for the children's mother has not responded to requests for comment.



Challenge filed in court to Australian gay marriage ballot
Court Watch | 2017/08/05 23:52
Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable.

The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage.

Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead.

"We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said.

Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge.

"I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said.

Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform.

Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling."

"It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp.

Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever."

Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians.


Federal court's agenda has topics that draw Trump's ire
Court Watch | 2017/07/14 17:19
The nation’s largest federal court circuit has clashed repeatedly with President Trump over the past six months, and the agenda for its annual meeting is not shying away from topics that have stoked the president’s ire.

Immigration, fake news and meddling in the U.S. election are among the subjects to be discussed or touched on at the four-day conference of the 9th Circuit courts in San Francisco starting Monday.

Judges in the circuit have blocked both of Trump’s bans on travelers from a group of mostly Muslim countries and halted his attempt to strip funding from so-called sanctuary cities.

Trump has fired back, referring to a judge who blocked his first travel ban as a “so-called judge” and calling the ruling that upheld the decision disgraceful. Republicans have accused the 9th Circuit appeals court of a liberal slant and renewed efforts to break it up — a move Trump supports.

The 9th Circuit’s spokesman, David Madden, acknowledged that someone could see a connection between the conference agenda and the administration, but he said there was no intention to link the two.



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