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Impeachment focus back on W.Va. court after justice resigns
Court Issues | 2018/11/18 04:59
Now that an impeached and suspended West Virginia Supreme Court justice has resigned, lawmakers are turning their attention to a panel of justices that had cut off pending impeachment trials.

After Justice Allen Loughry's resignation, the state Senate wants to revisit an Oct. 11 order halting the Legislature's efforts to impeach three justices as a violation of the separate of power doctrine. The court hasn't scheduled a hearing on the Senate's request.

The panel of acting justices ruled the Senate lacked jurisdiction to pursue Justice Margaret Workman's impeachment trial. The decision also was applied to trials involving retired Justice Robin Davis and Loughry, who had petitioned the court to intervene.

Senate President Mitch Carmichael said Monday the focus now is on overturning "this ridiculous, crazy decision by the appointed Supreme Court that just breaks every judicial canon. It is a ridiculous decision that has far-ranging implications for the separations of powers."

Carmichael said the Senate's view on the court's earlier decision is that the court can't decide whether one of its members can be impeached.



Mixed rulings for Republicans from Kentucky Supreme Court
Legal Interview | 2018/11/17 05:02
In a pair of mixed rulings for Kentucky Republicans, the state Supreme Court on Thursday struck down a law requiring a panel of doctors to review medical malpractice cases before they go to court while upholding the state's law banning mandatory union dues for most employees.

Republicans celebrated when Gov. Matt Bevin signed both laws, made possible only after the GOP won control of the state House of Representatives in 2016 for the first time in nearly 100 years. Bevin has credited the union dues law, known as right-to-work, with boosting record levels of business investment in Kentucky. But the medical review panel law has been criticized for clogging the state's court system.

The medical review law gives a panel of doctors nine months to review medical malpractice lawsuits and issue an opinion about whether they are frivolous. A review of court records in August of this year by the Courier Journal found that in the first year the law was in effect, 11 percent of the 531 malpractice lawsuits filed had been assigned to a panel. Of those, findings had been issued in 3 percent.

The state legislature passed the law in 2017. Tonya Claycomb sued on behalf of her child, Ezra, who was born with severe brain damage and cerebral palsy she says was caused by medical malpractice. She argued the bill delayed her access to the courts, citing section 14 of the Kentucky Constitution. It says all courts shall be open and every person will have access "without ... delay."

Lawyers for Gov. Bevin argued the law is helpful because it gets the two sides talking before a lawsuit is filed, which could lead to an agreement to settle the case outside of court. They also pointed out the state has other laws that limit access to the courts, including requiring heirs to wait at least six months before suing the executor of an estate.



Supreme Court to hear Virginia GOP's districting appeal
Legal Interview | 2018/11/16 04:58
The Supreme Court agreed Tuesday to hear an appeal by Virginia Republicans who are trying to preserve state legislative districts that have been struck down by a lower court as racially discriminatory.

The case involves 11 districts in the Virginia House of Delegates. Democratic voters accuse Republicans, who hold the majority, of packing black voters into certain districts to make surrounding districts whiter and more Republican.

A three-judge federal court in Virginia ruled 2-1 in June in favor of the Democratic voters and has appointed a redistricting expert to draw a new legislative map with a Dec. 7 deadline. Kirk Cox, the Republican speaker of the Virginia House, said he is weighing whether to ask the lower court to delay the issuance of a new map until after the Supreme Court rules.

Arguments probably will take place in late February, with a ruling likely by late June. The next round of elections for the state House is 2019, and candidates would normally have to register in the spring and run in primaries in the summer.

Democratic Gov. Ralph Northam's office and House Democratic leader David Toscano did not immediately return requests for comment. Marc Elias, a lawyer representing the voters, predicted on Twitter that the justices would rule in his clients' favor.


Georgia candidate asks court to intervene in vote dispute
Legal Network | 2018/11/13 18:44
A Congressional candidate in Georgia says she's asking a federal court to block one of the state's largest counties from certifying its vote totals before ballot disputes are resolved.

Democrat Carolyn Bourdeaux's campaign filed a complaint Sunday night accusing Gwinnett County of improperly rejecting hundreds of absentee ballots in Georgia's 7th Congressional District.

Bourdeaux says those votes should be counted, partly because they were rejected based on "immaterial" information such as missing or inaccurate addresses or birth dates.

The race between Bourdeaux and Republican incumbent Rep. Rob Woodall remains too close to call. With all precincts reporting, Woodall held a lead of about 900 votes out of nearly 279,000 votes counted.

Under Georgia law, Bourdeaux could request a recount. Woodall's campaign on Monday didn't immediately return messages seeking comment.


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