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Partisan letters cost long-serving Alaska magistrate his job
Headline Legal News | 2022/01/11 12:27
The longest serving magistrate in Alaska is no longer on the bench after writing letters to the editor critical of the Republican party.

Former Seward Magistrate George Peck wrote four letters to the editor of the Anchorage Daily News, the latest in December which claimed the Republican party “is actively trying to steer the U.S. into an authoritarian kleptocracy.”

The other letters written since 2019 have been critical of former President Donald Trump and Alaska Gov. Mike Dunleavy, both Republicans, and the GOP, the Anchorage Daily News reported.

Peck did not note his judicial position when signing in the letters, and there have been no complaints filed against him. However, his supervisor, Anchorage Superior Court Judge William Morse, ordered the court’s human resources department to investigate.

Morse said in a formal decision last Wednesday that Peck’s letter was in violation of Alaska’s code of judicial conduct.

“As a magistrate judge, the public entrusts you to decide cases with the utmost fairness, independence and impartiality. The power of your own voice, even when expressed off the bench, can become inextricably tied to your position, especially in a small community where you are the sole judicial officer,” Morse said.

When the 81-year-old Peck was informed Wednesday that he would be fired two days later, he instead immediately submitted his resignation and worked his last day Thursday.

Peck told the Anchorage newspaper that he doesn’t regret the letter and said he was just “stating a fact that the Republican Party tried to overturn the election, which I think most people agree on.”

He also doesn’t blame the juridical system for forcing him out.

“Clearly, they were justified in doing what they’re doing,” Peck said. “I just think they could have found a little better way to do it, but that’s up to them.”

Peck began working as a magistrate judge in 1976 and retired from full-time work in 2016. The court system kept him working on a temporary, part-time basis.

Magistrates oversee minor judicial matters in the court system, such as traffic violations, small-claims cases and time-sensitive matters, such as search warrants and domestic violence cases.


Court won’t stop Texas abortion ban, but lets clinics sue
Headline Legal News | 2021/12/10 13:32
The Supreme Court on Friday left in place Texas’ ban on most abortions, offering only a glimmer of daylight for clinics in the state to challenge the nation’s most restrictive abortion law.

The decision, little more than a week after the court signaled it would roll back abortion rights and possibly overturn its landmark Roe v. Wade decision, was greeted with dismay by abortion rights supporters but praise by opponents.

Five conservative justices, including three appointed by former President Donald Trump, formed a majority to limit who can be sued by the clinics, a result that both sides said probably will prevent federal courts from effectively blocking the law.

Texas licensing officials may be sued, but not state court judges, court clerks or state Attorney General Ken Paxton, the court ruled. That seems to leave people free, under the unusual structure of the Texas law, to sue abortion clinics and anyone else who “aids or abets” an abortion performed after cardiac activity is detected in an embryo, around six weeks and before some women know they’re pregnant.

“The Supreme Court has essentially greenlit Texas’s cynical scheme and prevented federal courts from blocking an unconstitutional law,” the Center for Reproductive Rights, which represents the Texas clinics, said on Twitter.

The court acted more than a month after hearing arguments over the law, which makes no exceptions for rape or incest.


Tunisian trial shines light on use of military courts
Headline Legal News | 2021/11/24 15:32
A few days after Tunisia’s president froze parliament and took on sweeping powers in July, a dozen men in unmarked vehicles and civilian clothes barged into politician Yassine Ayari’s family home overnight and took him away in his pajamas.

“These men weren’t wearing uniforms and they didn’t have a warrant,” Ayari told The Associated Press. “It was violent. My 4-year-old son still has nightmares about it.”

A 40-year-old computer engineer-turned-corruption fighter, Ayari will stand trial again in a military court on Monday, accused of insulting the presidency and defaming the army. It is the latest in a series of trials that shine a light on Tunisia’s use of military courts to push through convictions against civilians. Rights groups say the practice has accelerated since President Kais Saied’s seizure of power in July, and warn that its use further threatens hard-won freedoms amid Tunisia’s democratic backsliding.

The charges Ayari faces relate to Facebook posts in which he criticized Saied, calling him a “pharaoh” and his measures a “military coup.” Ayari intends to remain silent in court to protest the whole judicial process, according to his lawyer, Malek Ben Amor.

Amnesty International is warning of an “alarming increase” in Tunisian military courts targeting civilians: In the past three months, it says, 10 civilians have been investigated or prosecuted by military tribunals, while four civilians are facing trial for criticizing the president.

That’s especially worrying because Tunisia was long considered the only democratic success story to emerge from the Arab Spring uprisings a decade ago, and was long seen as a model for the region.


Trials delayed for mother, son in Mississippi fraud cases
Headline Legal News | 2021/11/13 13:33
Judges have delayed the state and federal trials of a mother and son charged in one of Mississippi’s largest public corruption cases.

State Auditor Shad White has said Nancy New and Zachary New were responsible for misspending millions of dollars of welfare money that was intended for needy people in one of the poorest states in the U.S.

Their trials were scheduled to begin this week — Monday in Hinds County Circuit Court and Wednesday in federal court. Attorneys have made clear that both trials were unlikely to happen during the same week because of the complexity of the cases.

In late October, judges issued orders setting new trial dates of Jan. 3 in federal court and Feb. 7 in Hinds County Circuit Court.

State court records show Nancy New and Zachary New are both charged with conspiracy, embezzlement, fraud and making false statements to defraud the government, for alleged crimes from September 2018. They were indicted in early 2020.

Federal court records show the mother and son both face several charges, including wire fraud; conspiracy to commit wire fraud; aggravated identity theft; money laundering; and money laundering conspiracy.


1st female LGBT federal appeals court nominee to get hearing
Headline Legal News | 2021/09/14 12:23
The U.S. Senate Judiciary Committee is considering President Joe Biden’s nomination of a Vermont judge who played a role in the state’s passage of the first-in-the-nation civil unions law, a forerunner of same-sex marriage, to become the first openly LGBT woman to serve on any federal circuit court.

At the start of the Tuesday hearing, Democratic U.S. Sen. Patrick Leahy, of Vermont, called the nomination of Beth Robinson, an associate justice on the Vermont Supreme Court, to the U.S. Court of Appeals for the 2nd Circuit “truly historic.” The court’s territory includes Connecticut, New York and Vermont.

“She’s been hailed as a tireless champion for equal rights and equal justice in the mode of the late justice Ruth Bader Ginsburg,” Leahy said as he introduced Robinson. “It’s no exaggeration to say that Beth helped Vermont and America more fully realizing the meaning of equality under the law.”

Robinson helped argue the case that led to Vermont’s 2000 civil unions law. She has served on the Vermont Supreme Court since 2011.

She “has built a reputation for her impartiality, and fair application of the law,” said Sen. Bernie Sanders, of Vermont, in his introduction. “She treats people with respect and compassion and she understands the duty of the court to provide equitable justice.”

Robinson told the committee that she would be honored to continue her work promoting the rule of law as a judge on the 2nd circuit.


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