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International court orders reparations for Congo attack
Law & Court News |
2017/03/22 11:15
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The International Criminal Court on Friday awarded symbolic reparations of $250 each to nearly 300 people who lost relatives, property or livestock or suffered psychological harm in a deadly attack on a Congolese village in 2003.
Judges also awarded collective reparations in the form of projects covering "housing, support for income-generating activities, education and psychological support" for victims.
The award followed the conviction in 2014 of Germain Katanga for crimes committed in the attack on Bogoro in the Ituri region of Congo in which some 200 people were shot or hacked to death.
Such reparation orders are a key part of the court's mandate to not only bring to justice perpetrators of atrocities but also to ensure that their victims are compensated.
Furaha Kiza, who lives in Bogoro, said the compensation allotted to victims amounted to very little.
"I lost my parents and our home because of Germain Katanga's militias," he said. "I live with a foster family now. I would like the ICC to review the amounts so that we feel more relieved."
The court estimated the "extent of the physical, material and psychological harm suffered by the victims" amounted to more than $3.7 million and said Katanga was responsible for $1 million. But it added that he is considered "indigent" and unlikely to be able to pay.
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Court: Wisconsin Bell discriminated against worker
Law & Court News |
2017/03/20 11:16
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A Wisconsin appeals court says state labor officials properly determined that Wisconsin Bell's decision to fire a bipolar employee amounted to discrimination.
According to court documents, Wisconsin Bell fired Charles Carlson in 2011 for engaging in electronic chats with co-workers and leaving work early one day. Carlson maintained he was reacting to news he didn't get a promotion, he was looking for support as his therapist had suggested and he doesn't react like other people.
The Labor Industry Review Commission found the company fired Carlson because of his disability in violation of employment discrimination laws.
The 1st District Court of Appeals ruled Tuesday that the commission's interpretation was reasonable and there's enough evidence to support imposing liability on Wisconsin Bell.
Wisconsin Bell says it does not tolerate discrimination of any kind, including that based on disability. The company says it disagrees with the ruling and is considering its options.
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Oklahoma tribe sues oil companies in tribal court over quake
Top Court Watch |
2017/03/06 08:30
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An Oklahoma-based Native American tribe filed a lawsuit in its own tribal court system Friday accusing several oil companies of triggering the state's largest earthquake that caused extensive damage to some near-century-old tribal buildings.
The Pawnee Nation alleges in the suit that wastewater injected into wells operated by the defendants caused the 5.8-magnitude quake in September and is seeking physical damages to real and personal property, market value losses, as well as punitive damages.
The case will be heard in the tribe's district court with a jury composed of Pawnee Nation members.
"We are a sovereign nation and we have the rule of law here," said Andrew Knife Chief, the Pawnee Nation's executive director. "We're using our tribal laws, our tribal processes to hold these guys accountable."
Attorneys representing the 3,200-member tribe in north-central Oklahoma say the lawsuit is the first earthquake-related litigation filed in a tribal court. If an appeal were filed in a jury decision, it could be heard by a five-member tribal Supreme Court, and that decision would be final.
"Usually tribes have their own appellate process, and then, and this surprises a lot of people, there is no appeal from a tribal supreme court," said Lindsay Robertson, a University of Oklahoma law professor who specializes in Federal Indian Law. |
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Immigration courts: record number of cases, many problems
Top Court Watch |
2017/03/06 08:30
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Everyone was in place for the hearing in Atlanta immigration court: the Guinean man hoping to stay in the U.S., his attorney, a prosecutor, a translator and the judge. But because of some missing paperwork, it was all for nothing.
When the government attorney said he hadn't received the case file, Judge J. Dan Pelletier rescheduled the proceeding. Everybody would have to come back another day.
The sudden delay was just one example of the inefficiency witnessed by an Associated Press writer who observed hearings over two days in one of the nation's busiest immigration courts. And that case is one of more than half a million weighing down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.
Even before Trump became president, the nation's immigration courts were burdened with a record number of pending cases, a shortage of judges and frequent bureaucratic breakdowns. Cases involving immigrants not in custody commonly take two years to resolve and sometimes as many as five.
The backlog and insufficient resources are problems stretching back at least a decade, said San Francisco Immigration Judge Dana Marks, speaking as the president of the National Association of Immigration Judges. |
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Court officer investigated for photographing lawyer's notes
Top Court Watch |
2017/03/05 08:30
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A court security officer in Maine has been placed on leave while under investigation for sending a cellphone photo of a defense attorney's notes to a prosecutor.
The Kennebec Journal reports that court officials are calling the incident a serious ethical breach and violation of courtroom protocol.
Sgt. Joel Eldridge took the photo Tuesday as a judge and attorneys discussed a case involving robbery, aggravated assault and criminal mischief. Assistant District Attorney Francis Griffin told the judge he saw the photo on his phone and reported the incident to the district attorney.
Defense attorney Sherry Tash said she was told the photo showed her notes of a person's name and number. Eldridge declined comment. He's on administrative leave with pay pending an internal investigation by the Kennebec County Sheriff's Department.
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