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Court: Life support decision didn't need judge's approval
Court Watch |
2020/02/17 14:00
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A judge was wrong to conclude that court approval is needed for a guardian’s request to remove a woman from life support, the New Hampshire Supreme Court said in an opinion released Wednesday.
The 69-year-old woman, identified as “L.N.,” was admitted to Concord Hospital in 2018 after suffering a stroke. Doctors said damage to her brain was irreversible.
L.N.’s court-appointed guardian said while L.N. never specifically stated her end-of-life preferences, the two had discussed the subject in general. The guardian’s sense was that L.N. would want to be allowed to have a natural death.
A circuit court judge ruled the guardian would need prior court approval before deciding to end L.N.’s life support. The judge also said a question remained as to whether L.N. would regain an ability to communicate. The guardian appealed.
State law doesn’t specifically mention life-sustaining treatment requiring a judge’s prior approval. The supreme court concluded the guardian’s general authority includes the decision to end life support, in appropriate circumstances. |
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Walker appointee, judge, prof face off in high court primary
Press Release |
2020/02/14 14:02
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Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday.
Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake.
The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023.
Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution.
Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School.
She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017.
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India's top court grants equal rights to women in army
Topics in Legal News |
2020/02/13 14:03
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India’s top court on Monday ordered the federal government to grant permanent commission and command positions to female officers in the army on par with men, asserting that the government's arguments against the policy were based on gender stereotypes.
The court’s decision, seen as a watershed moment for the Indian military, would mean that women can extend their short service roles in noncombat support units such as education, law and logistics until they want to retire and rise to the rank of Colonel, based on merit.
Currently, female officers can serve for only 10 to 14 years in the army.
“This is a historic decision and a significant day for not only those who are serving in the army but for also those who are desirers of joining forces,” said Lt. Col. Anjali Bisht.
The Supreme Court’s decision, however, does not mean that female officers will serve in army combat units such as the infantry, artillery or armored corps.
Monday's decision comes days after the government told the court that women were not suitable for commanding posts in the army, saying male troops were not prepared yet to accept female officers. It also said that male and female officers could not be treated equally when it came to postings because the “physical capacity of women officers remains a challenge for command of units.”
The court said in its order that such arguments were against the concept of equality.
Previously, former army Chief of Staff and current Chief of Defense Staff Gen. Bipin Rawat raked up a controversy when he said in an interview with a news channel that women were not ready for combat roles because they were responsible for raising children and would accuse male officers of peeping into their quarters.
"She will say somebody is peeping, so we will have to give a sheet around her,” Rawat had told CNN-News18.
The petitioners in the case demanding equal rights for female officers welcomed the court's decision. |
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Court fight over lost dog survives after dog's owner dies
Court News |
2020/02/09 19:29
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A federal appeals court has ruled that a legal fight over a lost dog could continue in Mississippi, even after the dog's owner has died.
The dispute is over a German shepherd named Max who jumped out a window and escaped from his owner's Hattiesburg home in 2015. Max got loose when people were providing medical help to his owner, Charles Holt, who had fallen and could not get up.
Holt was more than 90 years old at the time. He was hospitalized after the fall. Max was captured weeks after he escaped, and he was impounded in an animal shelter. More weeks passed before Holt was notified that his dog was in the shelter, according to court papers. When Holt tried to reclaim his dog, the shelter refused, based on orders from the city.
A city court judge ordered the shelter to keep Max because the dog allegedly posed a threat to the people taking care of Holt. A county court judge later agreed with that decision.
Holt then filed a federal lawsuit saying the city had deprived him of his property, Max, without due process. A district court judge threw out his claim, and Holt appealed.
The 5th U.S. Circuit Court of Appeals ruled Wednesday that although Holt has died, questions about his property claim survive. The appeals court sent it back to a district court for the possibility of further consideration. |
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Ruling ends court fight over merger of 2 school districts
Court News |
2020/02/05 19:30
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A court ruling is ending a legal fight over the voluntary merger of two school districts in south Mississippi.
The Mississippi Supreme Court ruled Thursday that opponents waited too long to file a lawsuit, the Hattiesburg American reported.
In April 2017, the Lumberton Public School District and the Lamar County School District voted to consolidate. The plan included some territory and affected some students in Pearl River County.
The Mississippi Board of Education approved the plan in June 2017, and the two districts consolidated in July 2018. Lamar County schools officials agreed to keep Lumberton schools open and have Lumberton students attend those schools. The officials also hired Lumberton teachers.
Pearl River County officials filed a lawsuit to oppose the Lamar and Lumberton merger. They aregued that students who live in Pearl River County should attend school in Pearl River County. A chancery judge ruled against the Pearl River County plaintiffs, and they appealed to the state Supreme Court. The consolidation remains in place. |
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