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Justice delayed: Virus crisis upends courts system across US
Court Issues |
2020/04/09 18:08
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The coronavirus pandemic has crippled the U.S. legal system, creating constitutional dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defendants behind bars longer, and forcing prosecutors to decide which cases to pursue and which to let slide.
“Everybody is scrambling. Nobody really knows how to handle this,” said Claudia Lagos, a criminal defense attorney in Boston.
Judges from California to Maine have postponed trials and nearly all in-person hearings to keep crowds from packing courthouses. Trials that were underway ? like the high-profile case against multimillionaire real estate heir Robert Durst ? have been halted. Some chief judges have suspended grand juries, rendering new indictments impossible. Other have allowed them to sit, though six feet apart.
Prosecutors may have to abandon some low-level cases to keep people from flooding into the legal system.
Many judges are holding hearings by phone or video chat to keep all cases from grinding to a halt. Other courts are stymied by outdated technology. The clerk for the the 9th U.S. Circuit Court of Appeals, Molly Dwyer, likened the logistical challenges to “building the bike as we ride it.”
Judges have asked for emergency powers to delay trials longer than the law generally allows and extend key deadlines, like when a defendant must initially appear in court. |
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Wisconsin’s pandemic election puts focus on state’s court
Blog News |
2020/04/09 18:07
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Anyone needing proof of the power and significance of the Wisconsin Supreme Court can look no further than the lines of mask-wearing voters that stretched for hours in Milwaukee during an election held despite a stay-at-home order because of the coronavirus pandemic.
An election-eve decision by the court overturning the governor’s order to postpone the vote made the state an outlier in pushing ahead with voting, ignoring pleadings from health experts and local officials about the danger of spreading the virus.
The fact that Wisconsin went forward when other states delayed their elections, and that many voters were willing to endure long waits to cast ballots, reflects the hotly disputed role the court has taken in a state with outsize importance in national politics.
Republicans and Democrats both see Wisconsin as crucial to winning national elections and gaining control of Congress. Historically, elections in the state are decided by close margins and power has flipped between the parties.
Since conservatives have held a majority on the state Supreme Court, the Republican-dominated Legislature has been able to enact laws that enhanced the GOP’s position, including voter ID laws and limits on labor unions, despite legal challenges from Democrats. The court would play a pivotal role in reviewing the drawing of new district lines for legislative and congressional offices following the 2020 census, which has a major impact on the balance of political power.
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Lawyers, judges push to close immigration courts amid virus
Court Watch |
2020/04/08 01:05
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Immigration attorneys have sported swim goggles and masks borrowed from friends to meet with clients in detention centers. Masked judges are stocking their cramped courtrooms with hand sanitizer for hearings they want to do by phone.
While much of daily life has ground to a halt to reduce the spread of the coronavirus, the Trump administration is resisting calls from immigration judges and attorneys to stop in-person hearings and shutter all immigration courts. They say the most pressing hearings can be done by phone so immigrants aren’t stuck in detention indefinitely.
Rules change daily as the virus spreads and federal officials struggle to figure out how and whether they can keep the massive system running. Officials say they have not ruled out a total shutdown but are closing specific courts and delaying hearings.
The U.S. Justice Department on Monday postponed hearings for asylum-seekers waiting in Mexico, but only after judges in San Diego canceled hearings in defiance of orders to keep them running amid the pandemic. The government has delayed hearings for immigrants who aren’t in detention but is moving forward for those who are.
Suspected coronavirus infections have forced immigration courts in New York, New Jersey and Colorado to temporarily shut down in the past week. As a precaution, the government announced the closure of several more Wednesday. Others that previously closed had reopened Thursday, including in Seattle. A handful of courts are only accepting documents.
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Court: UK shouldn’t give US evidence on pair of IS militants
Court Issues |
2020/04/06 01:04
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A court on Wednesday barred the British government from providing U.S. prosecutors with evidence against two Islamic State militants suspected in the beheadings of Western hostages, citing the prospect the men could face the death penalty if tried and convicted in America.
The ruling by the British Supreme Court blocks an earlier decision by the country’s authorities to cooperate with the U.S. by sharing information about El Shafee Elsheikh and Alexanda Kotey.
The British men, captured two years ago by a Kurdish-led, U.S.-backed militia, are accused of participation in a brutal Islamic State group known for beheadings and barbaric treatment of American aid workers, journalists and other hostages in Syria.
The court decision is a setback for the U.S. Justice Department, where officials for years have been investigating the killings. U.S. officials have not announced any charges against the men, but have spoken publicly about their desire to see members of the cell, known as “The Beatles” for their British accents, face justice. The men were transferred to U.S. custody last October as Turkey invaded Syria to attack Kurds who have battling the Islamic State alongside American forces.
“We are disappointed with the UK Supreme Court’s decision and are considering the appropriate next steps,” said Justice Department spokesman Marc Raimondi. “As our investigation of these individuals continues, we will work with our UK counterparts on a path forward, consistent with our shared commitment to ensuring that those who commit acts of terror are held accountable for their crimes.”
It was not clear what those next steps would be, or whether the decision might prompt the Justice Department to remove the possibility of the death penalty from any eventual prosecution. Attorney General William Barr said in a private meeting last year with victims’ relatives that he wanted to see the militants brought to justice. |
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