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Committee OKs school spending report for WA court
Law & Court News | 2013/08/27 09:23
A committee overseeing progress on paying the full cost of basic education for kids in public school voted unanimously Tuesday to approve a draft of its latest progress report to the state Supreme Court.

In its decision on a lawsuit brought by a coalition of school districts, parents and education groups _ known as the McCleary case for the family named in the suit _ the high court ruled in January 2012 that the state is not meeting its constitutional obligation concerning education funding. In the ruling, the Supreme Court ordered the Legislature to make yearly progress reports on its efforts. Those reports are then critiqued by the group that brought the lawsuit, and by the Supreme Court.

This year, the Legislature allocated about $1 billion more for basic education for the current two-year budget cycle. Lawmakers estimate they need to find a total of between $3.5 billion to $4.5 billion more over the coming years to fully pay for basic education.



Federal court officials fear budget cuts
Law & Court News | 2013/08/06 08:29

Federal courts officials in Minnesota say they're worried automatic spending cuts will jeopardize the justice system's smooth operation, with layoffs likely in both the U.S. attorney and public defender's offices.

The cuts are part of what's known as the budget sequester, and they're due to take effect Oct. 1 barring a deal in Congress.

The national public defenders service is facing a 23 percent cut, and Minnesota's federal defender, Katherian Roe, said she will likely have to reduce her staff from 18 people to 10.

Jeanne Cooney, a spokeswoman for the U.S. Attorney's Office for Minnesota, said her office will see cuts in personnel and operations but the extent isn't clear yet. The office has already been under a hiring and salary freeze.

"All indications are that all U.S. Attorney offices will be faced with huge cuts in order to get to the budget levels ordered per sequestration," Cooney said.

Each office's cuts will be determined by the Executive Office for United States Attorneys, part of the Justice Department in Washington.




Supreme Court OKs early release plan for Calif. inmates
Law & Court News | 2013/08/02 08:30
Despite warnings from California officials, the nation's highest court is refusing to delay the early release of nearly 10,000 California inmates by year's end to ease overcrowding at 33 adult prisons.

In its decision Friday, the Supreme Court dismissed an emergency request by the Gov. Jerry Brown to halt a lower court's directive for the early release.

Law enforcement officials expressed concern about the ruling.

The justices ignored efforts already under way to reduce prison populations and "chose instead to allow for the release of more felons into already overburdened communities," said Covina Police Chief Kim Raney, president of the California Police Chiefs Association.

Brown's office referred a request for comment to the California Department of Corrections and Rehabilitation, where Secretary Jeff Beard vowed that the state would press on with a still-pending appeal in hope of preventing the releases.

A panel of three federal judges had previously ordered the state to cut its prison population by nearly 8 percent to roughly 110,000 inmates by Dec. 31 to avoid conditions amounting to cruel and unusual punishment. That panel, responding to decades of lawsuits filed by inmates, repeatedly ordered early releases after finding inmates were needlessly dying and suffering because of inadequate medical and mental health care caused by overcrowding.



Pitt schools segregation lawsuit in federal court
Law & Court News | 2013/07/23 10:37
Nearly 60 years after the U.S. Supreme Court struck down racial segregation in public schools, lawyers are set to square off in a federal courtroom in eastern North Carolina over whether the effects of that Jim Crow past still persist.

A trial was to begin Monday in U.S. District Court in Greenville in the case of Everett v. Pitt County Board of Education.

A group of black parents represented by the UNC Center for Civil Rights will ask the court to reverse a 2011 student assignment plan they say effectively resegregated several schools in the district.

Lawyers for the Pitt schools will ask a judge to rule that the district has achieved "unitary status," meaning the "vestiges of past discrimination have been eliminated to the extent practicable." The designation would end federal oversight of the Pitt schools, in place since the 1960s.

This case is the first of its kind brought in North Carolina since 1999. More than 100 school districts across the South are still under federal court supervision. The decision in the Pitt case is expected to be widely followed by those other school systems.

Mark Dorosin, the managing attorney for the UNC Center for Civil Rights, said the case is a critical test of the continued viability of one of the most fundamental principles of school desegregation: That school districts still under court order must remedy the lasting vestiges of racial discrimination.



NJ court overturns award for view lost to dune
Law & Court News | 2013/07/08 00:25
New Jersey's highest court on Monday overturned a $375,000 jury award given to an elderly couple who complained that a protective sand dune behind their house blocked their ocean views.

In a ruling seen as a wider victory for towns that want to build barriers to protect themselves from catastrophic storms, the state Supreme Court faulted a lower court for not allowing jurors to consider the dune's benefits in calculating its effect on property value. The high court ruled that those protective benefits should have been considered along with the loss of the ocean views.

The sand dune in question saved the elderly couple's home from destruction in Superstorm Sandy in October.

The 5-year-old case is being closely watched at the Jersey shore, which was battered by Sandy. Officials want to build protective dune systems along the state's entire 127-mile coastline, but towns fear they won't be able to if many homeowners hold out for large payouts as compensation for lost views.



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