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Court justice suspended over role in porn scandal
Attorney News | 2014/10/22 20:20


The Pennsylvania Supreme Court on Monday suspended one of its members over his participation in a state government pornographic email scandal that involved employees of the attorney general's office.

The court justices issued an order saying Justice Seamus McCaffery may not perform any judicial or administrative duties while the matter is reviewed by the Judicial Conduct Board, which investigates allegations of judicial misconduct.

The main order also noted allegations about McCaffery's actions related to a traffic citation received by his wife, who is a lawyer, and referral fees she obtained while working for him as an administrative assistant. It also noted he "may have attempted to exert influence over a judicial assignment" in Philadelphia.

The Judicial Conduct Board was given a month to determine whether there is probable cause to file a misconduct charge against McCaffery, a Philadelphia Democrat elected to the seven-member bench in 2007.

McCaffery's lawyer, Dion Rassias, said they were confident he will be cleared and will soon return to the bench.

The court's action followed disclosures last week by Chief Justice Ronald Castille, a Republican, that McCaffery had sent or received 234 emails with sexually explicit content or pornography from late 2008 to May 2012. McCaffery apologized, calling it a lapse in judgment, but blasted Castille for "a vindictive pattern of attacks" against him.

A third justice, Michael Eakin, also a Republican, on Friday went public with a claim McCaffery had threatened to leak "inappropriate" emails Eakin had received if he didn't side with McCaffery against Castille.

McCaffery denied threatening Eakin, who reported the matter to the Judicial Conduct Board. Neither Eakin nor McCaffery participated in the court's decision.

Castille was among the four justices voting to suspend McCaffery with pay, along with Max Baer, Corry Stevens and Thomas Saylor. Justice Debra Todd dissented, saying she would have referred the matter, including the question of suspension, to the Judicial Conduct Board.


US high court: Who best judges fair competition?
Court Line | 2014/10/13 23:29

The U.S. Supreme Court is set to hear a North Carolina case over whether U.S. states can delegate the regulation of professions such as dentistry, plumbing, cosmetology and more to boards of practitioners drawn from those occupations.

The issue set for a hearing before the justices Tuesday is whether state-established boards such as those for dentists, veterinarians, doctors and cosmetologists can regulate their occupations without fear of running afoul of federal antitrust laws.

The specific case before the court involves a 2007 decision by the North Carolina Board of Dental Examiners warning operators of teeth-whitening kiosks in malls and tanning salons that they were practicing dentistry without a license. The Federal Trade Commission has said that state's dental board engaged in unfair competition in the market for teeth-whitening services.

"Almost everyone from a plumber to the best heart surgeon in the country is affected by one of these boards. Anyone who uses their services is affected by these boards," said Lisa Soronen, executive director of the State & Local Legal Center. That group represents public officials from governors to city council members.

The number of occupations that set educational requirements and other qualifications for work in a field ranges from dozens to hundreds, depending on the state. The issue is becoming increasingly important as more jobs in the growing service sector require licenses.


U.S. Supreme Court blocks Wisconsin voter ID law
Attorney News | 2014/10/13 23:27

The U.S. Supreme Court on Thursday blocked Wisconsin from implementing a law requiring voters to present photo IDs, overturning a lower court decision that would have put the law in place for the November election.

The 7th U.S. Circuit Court of Appeals declared the law constitutional on Monday. The American Civil Liberties Union followed that up the next day with an emergency request to the Supreme Court asking it to block the ruling.

On Thursday night, the U.S. Supreme Court did so, issuing a one-page order that vacated the appeals court ruling pending further proceedings. Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented, saying the application should have been denied because there was no indication that the 7th Circuit had demonstrably erred.

The voter photo identification law has been a political flashpoint since Republican legislators passed it in 2011. The GOP argues the mandate is a common sense step toward reducing election fraud. Democrats maintain no widespread fraud exists and that the law is really an attempt to keep Democratic constituents who may lack ID, such as the poor, minorities and the elderly, from voting.

The law was in effect for the February 2012 primary but subsequent legal challenges put it on hold and it hasn't been in place for any election since.

The ACLU and allied groups persuaded a federal judge in Milwaukee to declare the law unconstitutional in April.

Republican Attorney General J.B. Van Hollen asked the 7th U.S. Circuit Court of Appeals to overturn the decision. A three-judge panel ruled last month that the state could implement the law while it considered the merits of the case, sparking outrage from the ACLU, its allies and Democrats who contended that state election officials couldn't re-implement the law in time for the Nov. 4 elections and that chaos would reign at the polls.

A flurry of legal jousting ensued. The ACLU asked the Supreme Court last week to take emergency action to block the appeals panel's decision. On Monday the 7th Circuit issued a full ruling declaring the law constitutional, a decision that was all but certain given the initial order allowing the state to move ahead, promoting the ACLU to follow Tuesday with another emergency request to the Supreme Court.


Accused White House intruder to appear in court
Legal Focuses | 2014/09/29 20:11

Following an embarrassing security breach at the White House, one of the most closely protected buildings in the world, the Secret Service is said to be considering establishing new checkpoints to screen tourists in public areas near the presidential mansion.

Meanwhile, the man accused of scaling a security fence and getting into the president's home carrying a knife is scheduled to have his initial appearance Monday in federal court.Omar J. Gonzalez, 42, of Copperas Cove, Texas, is facing charges of unlawfully entering a restricted building or grounds while carrying a deadly or dangerous weapon.

The Army says Gonzalez served from 1997 until his discharge in 2003, and again from 2005 to December 2012, when he retired due to disability.The Secret Service tightened its guard outside the White House after Friday's security breach. Gonzalez is accused of scaling the White House perimeter fence, sprinting across the lawn and entering the building before agents could stop him.

President Barack Obama and his family were away at the time. Obama says he still has confidence in the troubled agency's ability to protect him and his family.Secret Service Director Julia Pierson has ordered increased surveillance and more officer patrols, and has begun an investigation into what went wrong.


Court-martial for Missouri drill sergeant resumes
Attorney News | 2014/09/29 20:10

The military court-martial of a Missouri sergeant accused of sexually assaulting eight female soldiers has resumed.

A verdict is expected Wednesday after a three-day trial for 30-year-old Army Staff Sgt. Angel M. Sanchez, who is accused of using his supervisory position with the 14th Military Police Brigade to threaten some of the women he was tasked with training.

Sanchez pleaded guilty to three charges at the outset of the military judicial hearing. His accusers said the incidents took place in the bathroom of the female barracks as well as in an office shared by drill sergeants.

Most of the allegations involved women at Fort Leonard Wood in Missouri, but some involved women in Afghanistan and Fort Richardson, Alaska.


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