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Mental health court established for offenders on probation
Top Court Watch | 2017/08/08 09:17
A specialized court has been established in Pinal County to give defendants with mental problems an alternative path and keep them out of the criminal justice system.

Presiding Judge Stephen McCarville signed an administrative order last month calling for the establishment of Mental Health Treatment Court. It’s a therapeutic, post-sentence court for defendants placed on supervised probation.

People screened with a mental illness are referred to the court by the Pinal County Attorney’s Office or the county’s probation department. Then the court’s staff reviews the defendant’s case to determine whether the person’s situation is appropriate for the program, the Casa Grande Dispatch reported.

The offender undergoes outpatient treatment at a mental health facility while checking in with the court on a weekly basis. If defendants don’t follow the terms of the treatment, then they’re subject to having their probation revoked.

The goal is to keep people with mental disabilities out of the criminal justice system, Pinal County Superior Court Administrator Todd Zweig said. The number of probationers with mental health conditions has been increasing in the county, he added, prompting the need for this type of service.



Judge says Kobach has shown pattern of misleading court
Top Court Watch | 2017/07/25 16:59
A federal judge says Kansas Secretary of State Kris Kobach has demonstrated a pattern of misleading the court about the facts and record in a voting rights case.

U.S. District Judge Julie Robinson refused Tuesday to reconsider a $1,000 fine and order requiring Kobach to submit to a deposition by the American Civil Liberties Union.

A magistrate judge had fined Kobach for misrepresenting the contents of documents he took into a November meeting with then President-elect Donald Trump and a separate draft amendment to the National Voter Registration Act.

Robinson cited three earlier instances where Kobach mischaracterized the record or exhibits. She says sanctions are necessary to deter him from misleading the court in the future.

Kobach is vice chairman of President Donald Trump's Presidential Advisory Commission on Election Integrity.


Indiana's newest Supreme Court justice joins high court
Top Court Watch | 2017/07/22 16:59
Former Wabash County Superior Court Judge Christopher Goff was sworn in Monday as Indiana's newest state Supreme Court justice, joining a high court that's been completely remade since 2010 following a series of retirements.

Chief Justice Loretta Rush administered the oath of office for Goff during the swearing-in at the court's Statehouse offices.

Goff, 45, is now the court's youngest member. He succeeds Justice Robert Rucker, who retired in May after 18 years on the court. Rucker retired five years before reaching the court's mandatory retirement age of 75. In 1999, he became only Indiana's second black justice when Democratic Gov. Frank O'Bannon named him to the high court.

All five justices are now white and all have been appointed since 2010 by Republican governors to replace justices who retired.

Goff joins Rush and justices Steven David, Mark Massa and Geoffrey Slaughter on the court.

Gov. Eric Holcomb will preside over a ceremonial oath and public robing ceremony on Sept. 1 for Goff, who is expected to hear his first oral arguments with the court on Sept. 7.

Holcomb chose Goff in June to fill the court's vacancy from among three finalists selected by Indiana's Judicial Nominating Commission.


North Carolina Court to Rule on Law on Gov's Elections Role
Top Court Watch | 2017/07/20 13:02
North Carolina's highest court is speeding up a final decision on whether Republican legislators could strip down the election oversight powers of the state's new Democratic governor.

The state Supreme Court said Wednesday it will take up Gov. Roy Cooper's lawsuit against state legislative leaders. The decision bypasses an intermediate appeals court and schedules a Supreme Court hearing on Aug. 28.

GOP lawmakers have sought to dilute Cooper's powers since he narrowly beat incumbent GOP Gov. Pat McCrory last year.

The contested law takes away Cooper's ability to appoint a majority of the state elections board and make every county's elections board a Democratic majority. The law would make a Republican head of the decision-making state board in presidential election years when most people vote and ballot disputes are hottest.


Kansas faces skeptical state Supreme Court on school funding
Top Court Watch | 2017/07/19 13:03
Attorneys for Kansas will try to convince an often skeptical state Supreme Court on Tuesday that the funding increase legislators approved for public schools this year is enough to provide a suitable education for kids statewide.

The high court is hearing arguments about a new law that phases in a $293 million increase in education funding over two years. The justices ruled in March that the $4 billion a year in aid the state then provided to its 286 school districts was inadequate, the latest in a string of decisions favoring four school districts that sued Kansas in 2010.

The state argues that the increase is sizable and that new dollars are targeted toward helping the under-performing students identified as a particular concern in the court's last decision.

But lawyers for the Dodge City, Hutchinson, Wichita and Kansas City, Kansas, school districts argue that lawmakers fell at least $600 million short of adequately funding schools over two years. They also question whether the state can sustain the spending promised by the new law, even with an income tax increase enacted this year.

The court has ruled previously that the state constitution requires legislators to finance a suitable education for every child. In past hearings, justices have aggressively questioned attorneys on both sides but have not been shy about challenging the state's arguments.

The court is expected to rule quickly. Attorneys for the districts want the justices to declare that the new law isn't adequate and order lawmakers to fix it by Sept. 1 — only a few weeks after the start of the new school year.



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