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EU closer to sanctions on Poland over changes in judiciary
Law & Court News | 2017/07/18 13:03
The European Union is coming closer to imposing sanctions on Poland for the government's attempt to take control over the judiciary, a senior official warned Wednesday, but he said the bloc was still open to dialogue.

European Commission Vice President Frans Timmermans spoke Wednesday in Brussels, shortly after Poland's lawmakers voted overwhelmingly to send a contentious draft law that would reorganize the nation's top Supreme Court for more work by a special parliamentary commission.

Timmermans said that the EU was closer to triggering Article 7 against Poland because its recent steps toward the judiciary "greatly amplify the threat to the rule of law" and threaten putting the judiciary "under full political control of the government." But he said that dialogue between the EU and Poland should continue while the legislation is being worked on.

The EU's Article 7 allows the bloc to strip a nation of its voting rights. Article 7 was envisioned to ensure democratic standards in EU members. It requires unanimity among all other member states.

The vote in Poland's parliament, which is dominated by the ruling Law and Justice party, was preceded by a heated debate and street protests. It was the latest in a string of conflicts over the policies of the conservative party, which won power in a 2015 election. The government is also under strong criticism from other EU leaders.

Lawmakers voted 434-6 with one abstention for the commission for justice and human rights to review and issue its opinion on the draft law, which gives politicians, not lawyers, the power over appointments to the Supreme Court and reorganizes its structure.

The head of the commission, Stanislaw Piotrowicz, said it wasn't clear when the commission would convene and when its opinion would be known. He said the number of amendments proposed by the opposition was aimed at obstructing its work.

In a heated debate Tuesday, the opposition proposed more than 1,000 amendments to the draft, which, it says, kills judicial independence and destroys the democratic principle of the separation of the judiciary from the executive power.



Pakistan's opposition calls on court to oust prime minister
Top Court Watch | 2017/07/17 13:03
Opposition parties in Pakistan on Monday called on the Supreme Court to remove Prime Minister Nawaz Sharif from office after an investigation found that he and his family possess wealth exceeding their known sources of income.

The investigation is linked to the mass leak of documents from a Panama-based law firm in 2016, which revealed that Sharif and his family have offshore accounts.

Naeem Bukhari, a lawyer for opposition leader Imran Khan, submitted the request to the court. The court has the constitutional power to disqualify someone from serving as prime minister, and is expected to rule in the coming weeks.

The Sharifs have denied any wrongdoing. Their attorney, Khawaja Haris, argued Monday that the probe was flawed. The court will resume hearing the case Tuesday.



Federal court's agenda has topics that draw Trump's ire
Top Court Watch | 2017/07/15 13:03
The nation’s largest federal court circuit has clashed repeatedly with President Trump over the past six months, and the agenda for its annual meeting is not shying away from topics that have stoked the president’s ire.

Immigration, fake news and meddling in the U.S. election are among the subjects to be discussed or touched on at the four-day conference of the 9th Circuit courts in San Francisco starting Monday.

Judges in the circuit have blocked both of Trump’s bans on travelers from a group of mostly Muslim countries and halted his attempt to strip funding from so-called sanctuary cities.

Trump has fired back, referring to a judge who blocked his first travel ban as a “so-called judge” and calling the ruling that upheld the decision disgraceful. Republicans have accused the 9th Circuit appeals court of a liberal slant and renewed efforts to break it up — a move Trump supports.

The 9th Circuit’s spokesman, David Madden, acknowledged that someone could see a connection between the conference agenda and the administration, but he said there was no intention to link the two.


Man charged with killing Maine couple on Christmas in court
Attorney Blog News | 2017/07/14 13:04
The case of a New York man charged with killing a Maine couple on Christmas Day 2015 is scheduled to return to court in Portland.

Police charged David Marble Jr. of Rochester with shooting 35-year-old Eric Williams and 26-year-old Bonnie Royer in Manchester. His case is scheduled for a court conference on Thursday.

A judge granted a request from Marble's attorney in April to move the trial from Kennebec County to Cumberland County due to the publicity the case has received.

A court spokeswoman says the trial has not yet been scheduled. Marble's attorney made the case that finding an impartial jury in Kennebec County would be difficult. Marble has pleaded not guilty to the charges.



Man charged with killing Maine couple on Christmas in court
Attorney Blog News | 2017/07/13 10:23
The case of a New York man charged with killing a Maine couple on Christmas Day 2015 is scheduled to return to court in Portland.

Police charged David Marble Jr. of Rochester with shooting 35-year-old Eric Williams and 26-year-old Bonnie Royer in Manchester. His case is scheduled for a court conference on Thursday.

A judge granted a request from Marble's attorney in April to move the trial from Kennebec County to Cumberland County due to the publicity the case has received.

A court spokeswoman says the trial has not yet been scheduled. Marble's attorney made the case that finding an impartial jury in Kennebec County would be difficult. Marble has pleaded not guilty to the charges.


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