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Court Watch | 2021/01/02 06:15
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China sentences lawyer who reported on outbreak to 4 years
Court Issues | 2020/12/29 03:48
A Chinese court on Monday sentenced a former lawyer who reported on the early stage of the coronavirus outbreak to four years in prison on charges of “picking fights and provoking trouble,” one of her lawyers said.

The Pudong New Area People’s Court in the financial hub of Shanghai gave the sentence to Zhang Zhan following accusations she spread false information, gave interviews to foreign media, disrupted public order and “maliciously manipulated” the outbreak.

Lawyer Zhang Keke confirmed the sentence but said it was “inconvenient” to provide details ? usually an indication that the court has issued a partial gag order. He said the court did not ask Zhang whether she would appeal, nor did she indicate whether she would.

Zhang, 37, traveled to Wuhan in February and posted on various social media platforms about the outbreak that is believed to have emerged in the central Chinese city late last year.

She was arrested in May amid tough nationwide measures aimed at curbing the outbreak and heavy censorship to deflect criticism of the government’s initial response. Zhang reportedly went on a prolonged hunger strike while in detention, prompting authorities to forcibly feed her, and is said to be in poor health.

China has been accused of covering up the initial outbreak and delaying the release of crucial information, allowing the virus to spread and contributing to the pandemic that has sickened more than 80 million people worldwide and killed almost 1.8 million. Beijing vigorously denies the accusations, saying it took swift action that bought time for the rest of the world to prepare.

China’s ruling Communist Party tightly controls the media and seeks to block dissemination of information it hasn’t approved for release. In the early days of the outbreak, authorities reprimanded several Wuhan doctors for “rumor-mongering” after they alerted friends on social media. The best known of the doctors, Li Wenliang, later succumbed to COVID-19.


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.



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