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Court rejects AG Kane's request to reinstate law license
Lawyer Blogs |
2016/02/07 14:12
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Pennsylvania Attorney General Kathleen Kane's law license will remain suspended after the state's highest court on Friday denied her request to have it reinstated while she fights criminal charges of leaking secret grand jury material and lying about it.
The court's unanimous rejection could pave the way to an unprecedented vote in the state Senate on whether to remove her from office.
A Kane spokesman said the first-term Democrat was disappointed, but not surprised.
A Senate vote could happen in the coming weeks after a special committee spent about three months exploring the question of whether Kane could run the 800-employee law enforcement office without a law license. Senate Majority Leader Jake Corman, R-Centre, said senators will discuss the matter when they reconvene in the Capitol next week.
"It's an important issue," Corman said. "It's really unprecedented, so I think it deserves to be addressed."
In seeking to have her license reinstated, Kane argued that Justice Michael Eakin should not have participated in the suspension vote because of his involvement in a salacious email scandal.
In its one-page order, the Democrat-controlled court said Kane did not seek the recusal of Eakin "at the earliest possible time." As a result, the justices said, Kane gave up her ability to object on that basis to the court's unanimous decision in September to suspend her license.
Kane has released hundreds of emails, including some that Eakin sent and received through a private email account in the name of John Smith. Eakin, a Republican, has been suspended with pay by his fellow justices while he awaits trial before an ethics court that could result in his being kicked off the bench.
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Court upholds government's energy conservation program
Headline Legal News |
2016/02/07 14:11
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The Supreme Court has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.
The justices ruled 6-2 on Monday that the Federal Energy Regulatory Commission had the authority to issue directives aimed at conserving energy and preventing blackouts.
The ruling is a win for the Obama administration, environmental groups and other supporters who said the plan saved billions in energy costs, improved reliability of the power grid and reduced air pollution since it was put in place in 2011. Utility companies challenging the rule argued it was too generous and trampled state rights over retail electricity sales.
A federal appeals court ruled 2-1 last year that the plan intrudes on state power over retail electricity sales. |
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Ex-Attorney General McGraw files for Supreme Court race
Lawyer Media News |
2016/02/07 14:11
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Former state Attorney General Darrell McGraw wants one of his old jobs back.
According to the West Virginia secretary of state's website, the 79-year-old McGraw filed on Saturday to run for the state Supreme Court.
McGraw spent one term on the court from 1976-1988 and served five terms as attorney general. He lost the 2012 attorney general's race as the Democratic incumbent to Republican Patrick Morrisey.
The Supreme Court election will be nonpartisan for the first time in 2016. The election will be held during the May primary.
Incumbent Justice Brent Benjamin is seeking re-election. Others who have filed for the race are Wayne King, Beth Walker and Bill Wooton.
McGraw's brother, Warren McGraw, previously served on the Supreme Court.
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Kansas considers giving governor more say in high court
Lawyer Media News |
2016/02/06 14:11
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Kansas lawmakers are considering giving the governor more authority over who is appointed to the state Supreme Court, which has been under increasing attacks by conservatives who say it is too liberal.
A proposed constitutional amendment to change the system received first-round approval in the House on Wednesday and advances to final action today. It needs approval from two-thirds of House members to advance to the Senate.
With major cases on school funding and abortion restrictions now pending before the high court, Republican Gov. Sam Brownback and his allies are seeking to change its makeup. Last year, Brownback openly campaigned against the retention of two state Supreme Court justices.
The state's high court judges are chosen by five attorneys and four representatives selected by the governor. The nonpartisan committee then chooses three finalists, with the governor making the final selection. A proposed constitutional amendment would change the system so that the governor would nominate justices, who would then be approved for the court by a majority of the Senate.
During debate Wednesday, opponents argued the move is drastic. Supporters argued that the current process is undemocratic.
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Supreme Court rejects appeal to outlaw death penalty
Court Line News |
2016/02/05 14:10
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The Supreme Court is rejecting a Pennsylvania inmate's appeal to consider banning the death penalty across the United States.
The justices did not comment Monday in turning away a challenge from death row inmate Shonda Walter.
Walter's appeal plays off Justice Stephen Breyer's call in an impassioned dissent in June to re-evaluate the death penalty in light of problems involving its imposition and use.
Breyer renewed his plea last week when he was the lone justice willing to give a last-minute reprieve to an Alabama death row inmate who was later put to death.
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Court won't order immediate evaluation of mogul Redstone
Headline Legal News |
2016/02/02 14:10
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A judge Monday declined to order a medical examination of Sumner Redstone but ruled that lawyers for his former companion can take the sworn testimony of two of the ailing media mogul's doctors.
Judge David J. Cowan also ruled that Redstone's longtime attorney, Viacom CEO Philippe Dauman, may also be deposed about his recent interactions with Redstone, but that any testimony he gives should be restricted to details about medical issues.
The rulings were made in a case pursued by Manuela Herzer, Redstone's former girlfriend who until recently had control over his medical care. She was kicked out of his home in October and contends that the 92-year-old can no longer carry on conversations or make informed decisions.
Redstone's attorney, Gabrielle Vidal, has objected to an independent evaluation of the doctor, citing recent evaluations by his doctors including a brain scan that didn't find any signs of impairment.
She praised Monday's ruling, saying Herzer's actions in the case represent a disregard for Redstone's welfare. |
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