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Article • February 8, 2017 • from PLN February, 2017
Studies on Financing of Judicial Campaigns Indicate Need for Reform by Derek Gilna Several recent reports have examined the impact that skyrocketing campaign spending has on state court judicial elections, and whether the infusion of cash into such races is compromising judicial impartiality and integrity. One study, “Bankrolling the Bench: ...
Model Mental Health Care Diversion System Started by Miami Judge by David Reutter Thanks to the efforts of Florida Eleventh Circuit Court Judge Steve Leifman, Miami-Dade County is leading the way in how police and the courts deal with the mentally ill. As PLN has reported over the years, jails ...
Article • January 10, 2017 • from PLN January, 2017
Ninth Circuit Vacates Generalized Order to Shackle Pretrial Defendants, En Banc Review Granted by The Ninth Circuit Court of Appeals held in August 2015 that a full restraint policy imposed on pretrial detainees in non-jury proceedings “ought to be justified by a commensurate need.” Before the Court were the consolidated ...
Prominent Texas Capital Defense Attorney Suspended for a Year by David Dow has near-legendary status among death penalty attorneys in Texas. He works pro bono for clients whose lives literally depend on him; he takes their cases after they arrive on death row, often seeking to right the wrongs committed ...
Publication • December 1, 2016
Filed under: Court Access, Judiciary
New Politics of Judicial Elections, Justice at Stake, 2006 THE NEW POLITICS OF JUDICIAL ELECTIONS 2006 How 2006 Was the Most Threatening Year Yet to the Fairness and Impartiality of Our Courts—and How Americans are Fighting Back by James Sample and Lauren Jones Brennan Center for Justice at NYU School ...
Article • September 8, 2016
Filed under: Judiciary, Restitution
IFRP Restitution Issues May Not Be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the 9th Circuit has ruled that "a sentencing court must review the issue of defendant restitution, not simply order "immediate" repayment and delegate the details of the actual payment ...
Article • September 6, 2016
Supreme Court: Judges Who Were Significantly Involved in Cases as Prosecutors Must Recuse by There is a risk of bias that is impermissible under the Due Process Clause where the judge in a case previously had significant, personal involvement in a critical decision in the case while serving as prosecutor.  ...
MN Judge Sends HIV-Positive Prisoner to Psych Hospital, Blasts System that Jails Mentally Ill by A Minnesota judge in April 2012 blamed political indifference for a justice system that warehouses the mentally-ill in county jails and ultimately led to a guard's death 10 weeks after he fought with a schizophrenic ...
Publication • August 12, 2016
Regaining Perspective - Constitutional Criminal Adjudication in the U.S. Supreme Court, Crespo, 1985 Article Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court Andrew Manuel Crespo† INTRODUCTION A classic is a work that lives on through time, not because it is static and inert, but because it speaks continuously ...
Publication • August 10, 2016
Filed under: Court Access, Judiciary
The New Politics of Judicial Elections 2000-2009, Brennan Center for Justice, 2010 J, J;uness.mpk Ho"'," Un""'''itr Sch.oo1 rlo", , Adom ~undJI1I ...bo BG...,. Banrum Cat"", lOr Jum:z,~t NYU School nfUw , lind>. Co,",>, NotllJluJ In,titu.. R a....... HaU. Ed'to. Jlallia: at S",I", umpoitln .r.. tl",.. II) i>( tilt.. p !II ...
Article • August 5, 2016
Porn and Referral Fee Scandals Force Pennsylvania Supreme Justice’s Retirement by David Reutter In the midst of a pornographic email scandal, Pennsylvania Supreme Court Justice Seamus P. McCaffery retired. That move came just a week after his colleagues issued an order suspending him from all judicial work and instructing the ...
Publication • August 3, 2016
Elected Judges and the Death Penalty in Texas, Bright, 2000 Elected Judges and the Death Penalty in Texas: Why Full Habeas Corpus Review by Independent Federal Judges Is Indispensable to Protecting Constitutional Rights Stephen B. Bright* Texas Law Review, Volume 78, page 1806 (2000) Copyright c 2000 Texas Law Review ...
Article • August 2, 2016 • from PLN August, 2016
Texas Judge Indicted for Making Secret Deal with Red-light Camera Company by Smith County, Texas Judge Joel Patrick Baker was suspended without pay on June 21, 2016 after being arrested the previous week on three misdemeanor counts of violating the Texas Open Meetings Act. Baker, who has denied any wrongdoing, ...
Brief • July 19, 2016
Ali v. Obama et al, DC, Order, judge recusal, 2010 Case 1:09-cv-00745-RJL Document 1418 Filed 06/16/10 Page 1 of 1
Publication • February 15, 2016
Filed under: Court Access, Judiciary
Can Judicial Independence Be Attained in the South, GA State University Law Review (Bright), Vol 14, P 817, July, 1998 CAN JUDICIAL INDEPENDENCE BE ATTAINED IN THE SOUTH? OVERCOMING HISTORY, ELECTIONS, AND MISPERCEPTIONS ABOUT THE ROLE OF THE JUDICIARY By Stephen B. Bright* Volume 14, Georgia State University Law Review, ...
Article • February 2, 2016 • from PLN February, 2016
Federal Judges Very Rarely Sanctioned for Misconduct by Matthew Clarke Federal judges, who have lifetime appointments, hold positions that give them unique power to control the future of defendants who appear before them in public proceedings. However, when it comes to examining the personal behavior of those same jurists, they ...
Article • February 2, 2016 • from PLN February, 2016
Supreme Court Sets Aside Florida’s Death Penalty Sentencing Procedure by Derek Gilna The U.S. Supreme Court, in an 8-1 decision, has ruled that Florida’s system of allowing juries to make death penalty recommendations that judges may or may not follow is unconstitutional. According to Justice Sonia Sotomayer, the “jury’s recommendation ...
Article • September 15, 2014 • from PLN September, 2014
Filed under: Judiciary
Selection and Retention Process for Tennessee Appellate Court Judges Challenged by Christopher McWhorter Selection and Retention Process for Tennessee Appellate Court Judges Challenged by Christopher McWhorter In the State of Tennessee, judges are elected. Before incumbent appellate court judges are placed on the ballot, however, they must be evaluated by ...
Article • July 15, 2011
Following Federal Court Practice, Florida State Courts Begin Secret Dockets by While court dockets and files are required to be open for public viewing under the U.S. Constitution, more and more courts are disregarding that provision and hiding selected case from the public’s view. In some cases, the matter totally ...
Article • May 15, 2010 • from PLN May, 2010
Closed Door Justice: Court Seeks Disbarment of Attorney in Secret by Brandon Sample The story of Herbert Moncier, a prominent attorney in Knoxville, Tennessee, seems foreign, as if it were from another time and place. In fact, it is almost Gestapo-like. Moncier’s problems began on November 17, 2006 during a ...
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