Recent Fair-Courts Articles

"CHARLESTON -- A recent poll shows that a majority of West Virginia voters support public financing of state Supreme Court elections. The poll, conducted Feb. 21-24 by Anzalone Listzt Research, revealed Monday that 52 percent of voters want their tax money to be used for the elections. The poll was commissioned by the Justice at Stake Campaign and the Committee for Economic Development. Voters were also reminded of the controversial 2004 campaign which saw millions of outside dollars spent for Brent Benjamin and Warren McGraw, leading to a 6-percent jump. "West Virginia's voters understand that judges should be able to focus on the law, not on dialing for dollars," said Bert Brandenburg, executive director of Justice at Stake."

"The West Virginia Senate Judiciary Committee has endorsed a bill that would publicly finance elections of state supreme court justices. Last week, the state House of Delegates approved pilot program propsed by Gov. Joe Manchin that would finance the two contested seats in the 2012 supreme court race. Candidates would get $200,000 each for primaries and $350,000 for the general election˜all being contingent on whether fundraising thresholds are met, BusinessWeek reports. Senate Judiciary Chairman Jeff Kessler announced his committee's endorsement of the plan at the same time the Justice at Stake Campaign announced the results of a survey (PDF) that found that 52 percent of 600 voters surveyed supported public financing of elections. The American Bar Association is a partner in the Justice at Stake Campaign."

"CHARLESTON, W.Va. (Legal Newsline) - A recent poll shows that a majority of West Virginia voters support public financing of state Supreme Court elections.The poll, conducted Feb. 21-24 by Anzalone Listzt Research, revealed Monday that 52 percent of voters want their tax money to be used for the elections. The poll was commissioned by the Justice at Stake Campaign and the Committee for Economic Development.Voters were also reminded of the controversial 2004 campaign which saw millions of outside dollars spent for Brent Benjamin and Warren McGraw, leading to a 6-percent jump."West Virginia's voters understand that judges should be able to focus on the law, not on dialing for dollars," said Bert Brandenburg, executive director of Justice at Stake."

"CHARLESTON — Using tax dollars to finance races for the West Virginia Supreme Court is preferable to candidates raking in millions from special interests in a “dialing for dollars” atmosphere that raises suspicions of tainted justice. Such was the thrust of a survey taken for the Washington-based Justice at Stake Campaign and disclosed Monday at the Capitol. In the last decade, Bert Brandenburg, the campaign’s executive director said, candidates for Supreme Court races across America generated some $206 million. Noncandidate groups spent at least $40 million extra, he told reporters, as Senate Judiciary Chairman Jeffrey Kessler, D-Marshall, prepared to take up a pilot public financing bill."

<p>&quot;Several national groups are taking sides on legislation, approved Monday in the state Senate, that would offer public funds to future candidates for West Virginia's Supreme Court.The Justice at Stake Campaign and the Committee for Economic Development unveiled recent polling of West Virginia voters Monday as they endorsed the public financing proposal, part of Gov. Joe Manchin's agenda this session.The two nonpartisan groups decry the recent deluge of campaign cash into state judicial races. They were joined by Senate Judiciary Chairman Jeff Kessler, D-Marshall, whose committee endorsed the bill later Monday. That non-unanimous voice vote sent the measure to Senate Finance.&quot;</p>

"CHARLESTON, W.Va. (Legal Newsline) - A recent poll shows that a majority of West Virginia voters support public financing of state Supreme Court elections. The poll, conducted Feb. 21-24 by Anzalone Listzt Research, revealed Monday that 52 percent of voters want their tax money to be used for the elections. The poll was commissioned by the Justice at Stake Campaign and the Committee for Economic Development. Voters were also reminded of the controversial 2004 campaign which saw millions of outside dollars spent for Brent Benjamin and Warren McGraw, leading to a 6-percent jump."

"In the McCarthy era, demagogues on the right smeared loyal Americans as disloyal and charged that the government was being undermined from within. In this era, demagogues on the right are smearing loyal Americans as disloyal and charging that the government is being undermined from within. These voices — often heard on Fox News — are going after Justice Department lawyers who represented Guantánamo detainees when they were in private practice. It is not nearly enough to say that these lawyers did nothing wrong. In fact, they upheld the highest standards of their profession and advanced the cause of democratic justice. The Justice Department is right to stand up to this ugly bullying."

"It’s a curious second act for a former lawmaker who was last in the public eye on Election Day 2006 for cold-cocking his successor, three years after he wrapped up a stint in the Texas House punctuated with charges of ethics breaches. But Rick Green has resurfaced, and he’s running for Texas Supreme Court. Don’t let his lack of a judicial background or minimal experience practicing law fool you: Green is a “constitutional scholar” with a law degree from the University of Texas. And in last week’s Republican primary, he clambered to the top of a six-candidate pile-up for the seat soon to be vacated by Harriet O’Neill, who decided not to seek another term. In a runoff on April 13, Green will face Fort Worth family district court judge Debra Lehrmann, who finished about 8,000 votes behind him. (The winner of that contest will face Democrat Jim Sharp in November.)"

"[JURIST] A judge for the US District Court for the Northern District of Illinois [official website] on Friday denied [decision, PDF] a motion to dismiss a torture suit brought against former defense secretary Donald Rumsfeld [JURIST news archive] by two American citizens captured while working in Iraq. Judge Wayne Andersen dismissed two other counts but allowed the count alleging the plaintiffs were subject to cruel and degrading treatment methods during their detention. The plaintiffs, Donald Vance and Nathan Ertel, were working for a private Iraqi security firm called Shield Group Security. There they witnessed suspicious activity that they reported to US authorities, but they were later arrested by US forces and detained without representation. The plaintiffs brought a cause of action recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics [opinion text] against Rumsfeld, claiming that he was personally responsible for the alleged unconstitutional treatment they faced while in detention."

"In a city where the phrase "bipartisan initiative" is becoming an oxymoron, the urgency of containing the damage the Supreme Court could do to our electoral system creates an opportunity for a rare convergence of interest and principle. At issue is the court's astonishingly naive decision in January that allows unlimited corporate spending to influence elections. Its 5 to 4 ruling in the Citizens United case was a shocking instance of judicial overreach and reflected an utter indifference to how politics works. Liberals and Democrats are already mobilizing to fight against Citizens United because they fear the impact of unconstrained corporate activity on elections and legislation."

"Several national groups are taking a stand on legislation that would offer public funds to future candidates for West Virginia's Supreme Court. The Justice at Stake Campaign and the Committee for Economic Development say recent polling shows bipartisan support for the public financing bill. Leaders from those groups expect to detail the poll results and throw their support behind the bill Monday at a Capitol press conference. They'll be joined by Senate Judiciary Chairman Jeff Kessler, whose committee received the legislation following its passage by the House last week."

"How do you feel about those political commercials that show an awkward video of a candidate moving in slow motion, eyes cast downward, tinted a sickening shade of green, as a deep, gravelly voice intones that the candidate is better suited for criminal indictment than public office? If you like them, rush out and support a pending initiative that would end Missouri‚s nonpartisan court plan‚s 60-year run. Doing so would make it a near certainty that the state would become a hotbed for bitter judicial elections ˜ and the vilest attack ads. Candidates backed by the business community would square off against rivals supported by labor and trial lawyers. Special interest money would flow like polluted river water."

"Reporting from Washington - Proposed legislation to block foreign companies from contributing money to U.S. elections could end up affecting well-known companies such as Chrysler, Anheuser-Busch and Citgo, according to legal experts and company representatives. The legislation is a reaction from key House and Senate Democrats to a Supreme Court decision in January that struck down a portion of the nation's campaign funding laws, allowing corporations to freely contribute to political campaigns. The high court's 5-4 decision in Citizens United vs. Federal Election Commission seemed to open the way for U.S. subsidiaries of foreign corporations to also contribute to campaigns."

"TALLAHASSEE ˜ In 2007, the recession hit the judicial system in Florida just like it hit every sector of public life. The state Legislature slashed the judicial budget by 10 percent while judges saw their workload increase due to rising foreclosures. This year, the State Supreme Court responded by asking for more judges, more employees in the judicial system and more resources. Each year, the Supreme Court sends a report to the state Legislature documenting its recommendation for the judicial branch of Florida‚s government. In February, the Court pointed out that the judicial branch has experienced a 10 percent budget reduction since July 2007, resulting in a loss of hundreds of positions, including 100 case managers, 38 law clerks and 106 court administration positions."

"CHARLESTON, W.Va. -- The West Virginia Chamber of Commerce is "deeply disappointed" over last week's Senate Finance Committee vote that defeated legislation to create an intermediate court of appeals. "West Virginia is the last state with a 100 percent discretionary appellate docket, meaning our state is the only one without a [right of] appeal ... for civil and criminal cases," according to a Chamber statement. An intermediate court system would allow companies and individuals to appeal lawsuits they lose in one of the state's 31 circuit courts."