courthousenews--2020-12-29--Feds Can’t Back Out of Landmark Deal Protecting Immigrant Children

( CN ) — The Trump administration failed to satisfy the requirements of a landmark settlement when it sought to impose new rules governing the detention and release of immigrant children in federal custody and therefore can not terminate the agreement , a Ninth Circuit panel ruled Tuesday .
The 1997 Flores settlement sets standards for U.S. immigration authorities overseeing the detention , release and treatment of all accompanied and unaccompanied immigrant children in federal custody .
It requires U.S. immigration agencies to promptly release immigrant children to parents or guardians or to care for them in non-secure , safe @ @ @ @ @ @ @ resolved .
Immigrant children who are in deportation proceedings and not released are also entitled to a bond hearing under the Flores settlement .
Citing a surge of immigrants crossing at the U.S. Mexico border , the Trump administration moved in 2019 to terminate Flores with new rules governing U.S. Department of Homeland Security ’ s detention conditions and U.S. Department of Health and Human Services ’ immigration proceedings for children picked up at the border .
The rule would have allowed Homeland Security to detain immigrant youth traveling with relatives or guardians @ @ @ @ @ @ @ their immigration cases , as well as placement in facilities not licensed to house children .
The Flores settlement does allow federal agencies to place immigrant children in secure facilities if a child has been charged with a crime or when an “ influx of minors ” overwhelms existing facility capacity .
However , the federal government must still resolve children ’ s cases “ expeditiously.
” In September 2019 , U.S. District Judge Dolly M. Gee , the judge overseeing the Flores settlement , rejected the government ’ s attempt to implement @ @ @ @ @ @ @ and said that only Congress can overturn the 1997 agreement .
In a 38-page published opinion by U.S .
Circuit Judge Marsha Berzon , the Ninth Circuit panel affirmed parts of Gee ’ s ruling , including that new regulations relating to immigrant children travelling with adults don ’ t comply with Flores .
“ The DHS regulations both limit the circumstances under which accompanied minors may be released and ‘ create an alternative to the existing licensed program requirement for U.S. Immigration and Customs Enforcement ( ICE ) family residential centers , @ @ @ @ @ @ @ centers under internal standards , without state oversight , ” Berzon , a Bill Clinton appointee , wrote .
The panel agreed the regulations should be barred from taking effect , that they did not terminate the Flores settlement , and found Gee did not abuse her discretion by denying the Trump administration ’ s request to get out of the agreement .
The parties to the Flores agreement have clashed on the issue of family separation , with Trump administration attorneys saying the federal government will not release family units together from @ @ @ @ @ @ @ the Ninth Circuit panel the Flores settlement includes provisions encouraging the federal government to release parents of detained children , though it isn ’ t required under the agreement .
Under the settlement , children who arrive in the U.S as part of family units still have a right to be released to their other relatives in the U.S. who might be able to take care of them .
But the Trump administration has declined to release families together , creating a legal conundrum forcing detained immigrant parents to choose to have children @ @ @ @ @ @ @ to guardians as a deadly pandemic grips the nation .
Berzon and the panel found the Trump administration has failed to show how any recent increase in family migration makes it more difficult to comply with requirements for prompt release of children .
“ Even if the government has legitimate justifications for detaining adults , it has not shown why it must also detain accompanying minors , ” Berzon wrote .
“ For example , the government could detain parents but release their children to another available relative .
Nothing in the agreement @ @ @ @ @ @ @ their parents against the parents ’ will.
” A rule allowing Homeland Security to transfer unaccompanied immigrant children to Health and Human Services ( HHS ) custody when they ’ re apprehended and processed is consistent with the Flores agreement and may take effect , the panel ruled .
A U.S. Department of Justice spokesperson did not immediately respond to a request for comment on the ruling .
The Trump administration had argued the Flores settlement is too broad in its regulatory scope and has created conditions that help fuel accompanied and unaccompanied @ @ @ @ @ @ @ 2019 , more than 80,000 unaccompanied children arrived at the U.S. Mexico border and 10,000 were held in Department of Health & Human Services custody , according to federal data .
More than 500,000 members of family units were encountered at the border that year .
The panel allowed most of the new rules governing HHS bond hearings to take effect but blocked a hearing request requirement and a rule allowing the Office of Refugee Resettlement to place an unaccompanied child in jail-like conditions if they ’ re deemed a danger to themselves @ @ @ @ @ @ @ the HHS hearing regulations are consistent with the agreement except to the extent that they require unaccompanied minors held in secure or staff-secure placements to request a hearing , rather than providing a hearing to those minors automatically unless they refuse one , ” Berzon wrote .
Attorneys for the children did not immediately respond to an emailed request for comment .
U.S .
Circuit Judges Milan D. Smith , Jr , a George W. Bush appointee , and William Fletcher , also a Clinton appointee , rounded out the panel .
The @ @ @ @ @ @ @ Flores v. Edwin Meese , a federal class action filed in 1985 on behalf of unaccompanied immigrant children fleeing torture and abuse in Central America .

The Trump administration failed to satisfy the requirements of a landmark settlement when it sought to impose new rules governing the detention and release of immigrant children in federal custody and therefore cannot terminate the agreement, a Ninth Circuit panel ruled Tuesday.
(CN) — The Trump administration failed to satisfy the requirements of a landmark settlement when it sought to impose new rules governing the detention and release of immigrant children in federal custody and therefore cannot terminate the agreement, a Ninth Circuit panel ruled Tuesday.
The 1997 Flores settlement sets standards for U.S. immigration authorities overseeing the detention, release and treatment of all accompanied and unaccompanied immigrant children in federal custody. It requires U.S. immigration agencies to promptly release immigrant children to parents or guardians or to care for them in non-secure, safe and sanitary facilities until their cases are resolved.
Immigrant children who are in deportation proceedings and not released are also entitled to a bond hearing under the Flores settlement.
Citing a surge of immigrants crossing at the U.S. Mexico border, the Trump administration moved in 2019 to terminate Flores with new rules governing U.S. Department of Homeland Security’s detention conditions and U.S. Department of Health and Human Services’ immigration proceedings for children picked up at the border.
The rule would have allowed Homeland Security to detain immigrant youth traveling with relatives or guardians for as long it takes to resolve their immigration cases, as well as placement in facilities not licensed to house children.
The Flores settlement does allow federal agencies to place immigrant children in secure facilities if a child has been charged with a crime or when an “influx of minors” overwhelms existing facility capacity. However, the federal government must still resolve children’s cases “expeditiously.”
In September 2019, U.S. District Judge Dolly M. Gee, the judge overseeing the Flores settlement, rejected the government’s attempt to implement the new rules, invalidated them entirely and said that only Congress can overturn the 1997 agreement.
In a 38-page published opinion by U.S. Circuit Judge Marsha Berzon, the Ninth Circuit panel affirmed parts of Gee’s ruling, including that new regulations relating to immigrant children travelling with adults don’t comply with Flores.
“The DHS regulations both limit the circumstances under which accompanied minors may be released and ‘create an alternative to the existing licensed program requirement for U.S. Immigration and Customs Enforcement (ICE) family residential centers,’ allowing ICE to operate family detention centers under internal standards, without state oversight,” Berzon, a Bill Clinton appointee, wrote.
The panel agreed the regulations should be barred from taking effect, that they did not terminate the Flores settlement, and found Gee did not abuse her discretion by denying the Trump administration’s request to get out of the agreement.
The parties to the Flores agreement have clashed on the issue of family separation, with Trump administration attorneys saying the federal government will not release family units together from custody.
Attorneys for the children told the Ninth Circuit panel the Flores settlement includes provisions encouraging the federal government to release parents of detained children, though it isn’t required under the agreement.
Under the settlement, children who arrive in the U.S as part of family units still have a right to be released to their other relatives in the U.S. who might be able to take care of them. But the Trump administration has declined to release families together, creating a legal conundrum forcing detained immigrant parents to choose to have children held in federal custody or be released to guardians as a deadly pandemic grips the nation.
Berzon and the panel found the Trump administration has failed to show how any recent increase in family migration makes it more difficult to comply with requirements for prompt release of children.
“Even if the government has legitimate justifications for detaining adults, it has not shown why it must also detain accompanying minors,” Berzon wrote. “For example, the government could detain parents but release their children to another available relative. Nothing in the agreement requires the government to take children from their parents against the parents’ will.”
A rule allowing Homeland Security to transfer unaccompanied immigrant children to Health and Human Services (HHS) custody when they’re apprehended and processed is consistent with the Flores agreement and may take effect, the panel ruled.
A U.S. Department of Justice spokesperson did not immediately respond to a request for comment on the ruling.
The Trump administration had argued the Flores settlement is too broad in its regulatory scope and has created conditions that help fuel accompanied and unaccompanied child migration to the U.S.
In 2019, more than 80,000 unaccompanied children arrived at the U.S. Mexico border and 10,000 were held in Department of Health & Human Services custody, according to federal data. More than 500,000 members of family units were encountered at the border that year.
The panel allowed most of the new rules governing HHS bond hearings to take effect but blocked a hearing request requirement and a rule allowing the Office of Refugee Resettlement to place an unaccompanied child in jail-like conditions if they’re deemed a danger to themselves or others.
“We conclude that the HHS hearing regulations are consistent with the agreement except to the extent that they require unaccompanied minors held in secure or staff-secure placements to request a hearing, rather than providing a hearing to those minors automatically unless they refuse one,” Berzon wrote.
Attorneys for the children did not immediately respond to an emailed request for comment.
U.S. Circuit Judges Milan D. Smith, Jr, a George W. Bush appointee, and William Fletcher, also a Clinton appointee, rounded out the panel.
The Flores settlement emerged out of Jenny Lisette Flores v. Edwin Meese, a federal class action filed in 1985 on behalf of unaccompanied immigrant children fleeing torture and abuse in Central America.


courthousenews--2020-12-29--In a Year of Pain, One Silver Lining: Fewer Mass Shootings

( AP ) — If there ’ s one silver lining in a year marred by a deadly pandemic , civil unrest , and economic and political turmoil , it ’ s this : The number of mass shootings that happened in public was the lowest in more than a decade .
Experts who research mass killings say there are two key reasons for the sharp drop-off .
For one , most people avoided going out in public during coronavirus lockdowns , which meant fewer opportunities for slayings in workplaces or schools .
For another , Americans were so focused @ @ @ @ @ @ @ less likely to consider carrying out attacks .
A database compiled by The Associated Press , USA Today and Northeastern University that tracks mass killings — defined as four or more dead , not including the shooter — back to 2006 showed just two public mass shootings this year .
Both happened before the lockdowns took hold .
The first mass shooting of the year was on Feb. 26 , when an employee at a brewery in Milwaukee killed five co-workers before killing himself .
The other occurred on March 15 , when @ @ @ @ @ @ @ , Missouri , before killing himself .
Since then ?
Not one .
James Alan Fox , a criminologist and professor at Northeastern University , said he hopes the lull will help break the cycle of the past few years and help tamp down on mass shootings .
The so-called “ contagion effect ” suggests that the more we hear about and talk about mass slayings , the more gunmen fixate on carrying out attacks .
At the same time , in the midst of a pandemic that has killed hundreds of thousands @ @ @ @ @ @ @ feel compelled to wreak such carnage may not feel quite as persecuted or alone in experiencing hardships , he said .
“ The thing about mass shooters is they tend to be people who feel that they are the victims of injustice .
Well , lots of people now are suffering , not just them , ” Fox said .
“ It ’ s hard to say right now that your own plight is unique or unfair .
It may not feel good , but there ’ s certainly reason for it .
@ @ @ @ @ @ @ something someone ’ s doing to you .
It ’ s really the pandemic , which is a thing not a person.
” Besides the two public mass shootings this year , the AP/USA Today/Northeastern database tracked 10 family mass slayings , eight of which were shootings .
Three mass killings were carried out in the course of other crimes , and six attacks that happened for unknown reasons .
Of those six , one may end up being classified as a public mass shooting — a Juneteenth block party in Charlotte , @ @ @ @ @ @ @ gunfire that killed four people .
The change in the number of public mass shootings is the most stark .
In 2019 and 2018 , there were nine and 10 such shootings , respectively .
In many ways , it ’ s surprising to experts given that , over the past year , people spent more time online , sometimes in the dark corners of the internet , and possibly feeling depressed or hopeless .
Firearm purchases also reached levels never before seen .
“ All of these risk factors are going up @ @ @ @ @ @ @ seeing the mass shootings , ” said Jillian Peterson , an associate professor of criminology and criminal justice at Hamline University and a forensic psychologist who previously worked in New York crafting psychological profiles of convicted murderers facing the death penalty .
While the drop-off in high-profile shootings is heartening , experts who track gun violence note that other shootings appear to have risen this year : gang violence , drive-by shootings and other random firearm deaths .
Suicides involving a gun appear in line with previous years , according to data compiled @ @ @ @ @ @ @ GVA , which monitors media and police reports to track gun violence , defines mass shootings as those involving four or more people who were shot , regardless of whether they died .
Under that definition , the group ’ s research shows a spike in shootings , with about 600 so far this year .
That ’ s more than any of the previous six years since the GVA began tracking gun violence .
However , the overall decline in mass killings is “ almost a natural experiment for the test of @ @ @ @ @ @ @ ” said James Densley , a criminologist and professor at Metropolitan State University in Minnesota who studies mass shootings .
“ At the moment , we ’ ve got this pause , this break that we ’ re in , and that has the potential to really stop this cycle.
” If another mass shooting occurs when the nation reopens , “ and it becomes a big thing again , there ’ s a risk that sort of restarts the cycle all over again , ” he said .

If there's one silver lining in a year marred by a deadly pandemic, civil unrest, and economic and political turmoil, it's this: The number of mass shootings that happened in public was the lowest in more than a decade.
(AP) — If there's one silver lining in a year marred by a deadly pandemic, civil unrest, and economic and political turmoil, it's this: The number of mass shootings that happened in public was the lowest in more than a decade.
Experts who research mass killings say there are two key reasons for the sharp drop-off. For one, most people avoided going out in public during coronavirus lockdowns, which meant fewer opportunities for slayings in workplaces or schools. For another, Americans were so focused on other tragedies that would-be gunmen were less likely to consider carrying out attacks.
A database compiled by The Associated Press, USA Today and Northeastern University that tracks mass killings — defined as four or more dead, not including the shooter — back to 2006 showed just two public mass shootings this year. Both happened before the lockdowns took hold.
The first mass shooting of the year was on Feb. 26, when an employee at a brewery in Milwaukee killed five co-workers before killing himself. The other occurred on March 15, when a man killed four people in Springfield, Missouri, before killing himself.
Since then? Not one.
James Alan Fox, a criminologist and professor at Northeastern University, said he hopes the lull will help break the cycle of the past few years and help tamp down on mass shootings. The so-called "contagion effect" suggests that the more we hear about and talk about mass slayings, the more gunmen fixate on carrying out attacks.
At the same time, in the midst of a pandemic that has killed hundreds of thousands of Americans, people who might otherwise feel compelled to wreak such carnage may not feel quite as persecuted or alone in experiencing hardships, he said.
"The thing about mass shooters is they tend to be people who feel that they are the victims of injustice. Well, lots of people now are suffering, not just them," Fox said. "It's hard to say right now that your own plight is unique or unfair. It may not feel good, but there's certainly reason for it. And it's not because of something someone's doing to you. It's really the pandemic, which is a thing not a person."
Besides the two public mass shootings this year, the AP/USA Today/Northeastern database tracked 10 family mass slayings, eight of which were shootings. Three mass killings were carried out in the course of other crimes, and six attacks that happened for unknown reasons. Of those six, one may end up being classified as a public mass shooting — a Juneteenth block party in Charlotte, North Carolina, that was rocked by gunfire that killed four people.
The change in the number of public mass shootings is the most stark. In 2019 and 2018, there were nine and 10 such shootings, respectively.
In many ways, it's surprising to experts given that, over the past year, people spent more time online, sometimes in the dark corners of the internet, and possibly feeling depressed or hopeless. Firearm purchases also reached levels never before seen.
"All of these risk factors are going up, but yet we're not seeing the mass shootings," said Jillian Peterson, an associate professor of criminology and criminal justice at Hamline University and a forensic psychologist who previously worked in New York crafting psychological profiles of convicted murderers facing the death penalty.
While the drop-off in high-profile shootings is heartening, experts who track gun violence note that other shootings appear to have risen this year: gang violence, drive-by shootings and other random firearm deaths. Suicides involving a gun appear in line with previous years, according to data compiled by the Gun Violence Archive.
The GVA, which monitors media and police reports to track gun violence, defines mass shootings as those involving four or more people who were shot, regardless of whether they died. Under that definition, the group's research shows a spike in shootings, with about 600 so far this year. That's more than any of the previous six years since the GVA began tracking gun violence.
However, the overall decline in mass killings is "almost a natural experiment for the test of the role of the contagion factor," said James Densley, a criminologist and professor at Metropolitan State University in Minnesota who studies mass shootings. "At the moment, we've got this pause, this break that we're in, and that has the potential to really stop this cycle."
If another mass shooting occurs when the nation reopens, "and it becomes a big thing again, there's a risk that sort of restarts the cycle all over again," he said.
By LISA MARIE PANE Associated Press


Nuclear Power

SAN FRANCISCO — The Ninth Circuit upheld the dismissal of Public Watchdogs ’ complaint against the U.S. Nuclear Regulatory Commission @ @ @ @ @ the decommissioning of two units at the San Onofre Nuclear Generating Station , finding the @ @ @ @ @ jurisdiction under the Hobbs Act .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


Apple Products

SAN FRANCISCO — A putative class of Apple product purchasers have standing to pursue their complaint against the company alleging @ @ @ @ @ that their devices could be vulnerable to hacking , ” the Ninth Circuit ruled .
@ @ @ @ @ patches Apple applies to address the vulnerabilities degraded the devices ’ performance .
”


Twitter Ban

ATLANTA — The 11th Circuit dismissed far-right activist and former congressional candidate Laura Loomer ’ s suit against the Council @ @ @ @ @ organization of persuading Twitter to ban her from the social media platform .
The circuit @ @ @ @ @ claim for tortious interference with a business relationship under Florida law .


Valley Fever

SAN FRANCISCO — The Ninth Circuit upheld the dismissal of civil rights complaints brought by California state prison inmates who @ @ @ @ @ right to be protected from “ heightened exposure ” to Valley Fever spores .


Death Doulas

SACRAMENTO , Calif. — A federal court in California granted a preliminary injunction to a group of “ end of @ @ @ @ @ lawsuit challenging the California Cemetery and Funeral Bureau ’ s demands they become licensed funeral @ @ @ @ @ associated with the nonprofit the Full Circle of Living and Dying , offer “ advice @ @ @ @ @ to families and loved ones of those who are dying .
”


courthousenews--2020-12-30--Feds Decline Charges Against Officers in Tamir Rice Case

WASHINGTON ( AP ) — The Justice Department announced Tuesday that it would not bring federal criminal charges against two Cleveland police officers in the 2014 killing of 12-year-old Tamir Rice , saying video of the shooting was of too poor a quality for prosecutors to conclusively establish what had happened .
In closing the case , the department brought to an end a long-running investigation into a high-profile shooting that helped galvanize the Black Lives Matter movement and that became part of the national dialogue about police use of force against minorities , including children .
The decision , @ @ @ @ @ @ @ not condone the officers ’ actions but rather says the cumulative evidence was not enough to support a federal criminal civil rights prosecution .
Tamir was playing with a pellet gun outside a recreation center in Cleveland on Nov. 22 , 2014 , when he was shot and killed by Officer Timothy Loehmann , who is white , seconds after Loehmann and his partner , Officer Frank Garmback , arrived at the scene .
The officers were called to the recreation center after a man drinking beer and waiting for a bus had @ @ @ @ @ @ @ guy ” was pointing a gun at people .
The caller told a 911 dispatcher that it was probably a juvenile and the gun might be “ fake , ” though that information was never relayed to the officers .
To bring federal civil rights charges in cases like these , the Justice Department must prove that an officer ’ s actions willfully broke the law and are not simply the result of a mistake , negligence or bad judgment .
It has been a consistently tough burden for federal prosecutors to meet @ @ @ @ @ @ @ with the Justice Department declining criminal charges against police officers in other high-profile cases in recent years , including in the deaths of Eric Garner in New York City and Michael Brown in Ferguson , Missouri .
In a statement , Subodh Chandra , an attorney for the boy ’ s family , said the Justice Department ’ s “ process was tainted ” and the family has demanded prosecutors provide additional information about recommendations made during the probe .
“ It ’ s beyond comprehension that the Department couldn ’ t recognize @ @ @ @ @ @ @ commands when the patrol car ’ s window was closed and it was a winter day is lying , ” Chandra said .
“ The Rice family has been cheated of a fair process yet again.
” In this case , the Justice Department said poor-quality surveillance video recorded in the area where the shooting took place prevented prosecutors from being able to conclusively determine whether Rice was or was not reaching for his toy gun just prior to being shot .
The two officers who were investigated told authorities soon after the @ @ @ @ @ @ @ gun prior to being shot and was given multiple commands to show his hands .
But the video reviewed by federal prosecutors makes the sequence of events less clear .
The grainy time-lapse video , which has no audio , “ does not show detail or perspective ” and the camera ’ s view is obstructed by a police patrol car , prosecutors said .
In addition , they said , though the positioning of the boy ’ s arms suggests they were in the vicinity of his waist , “ his hands @ @ @ @ @ @ @ it can not be determined from the video what he was doing.
” The Justice Department says seven use-of-force experts — three retained by the family , four by local authorities — reviewed the case , but the poor quality of the video on which they relied and their “ conflicting opinions added little to the case.
” The experts used by the family said the shooting was unreasonable while the four others said that it was reasonable .
The New York Times reported in October that the department had effectively shut down @ @ @ @ @ @ @ announcement makes it official .
Inconsistent witness statements also complicated any prosecution .
Neither of two witnesses who either saw part of the encounter or reported hearing gunshots said they saw exactly what Rice was doing just before the shooting , according to the Justice Department .
In a statement at the scene to three other law enforcement officers , Loehmann “ repeatedly and consistently stated ” that Tamir was reaching for a gun before he shot him , prosecutors said .
Both Loehmann and Garmback also said in statements after the shooting @ @ @ @ @ @ @ commands to show his hands before shooting ” and both officers saw him reaching for the weapon .
Prosecutors said Loehmann and Garmback were the only two witnesses in the “ near vicinity of the shooting.
” A state grand jury had declined to indict Loehmann , though he was later fired after it was discovered he was previously deemed “ unfit for duty.
” The Justice Department also investigated whether the officers obstructed justice in statements they made to other investigators soon after the shooting .
Prosecutors concluded that though the statements @ @ @ @ @ @ @ generally consistent .
And since there was not enough evidence to prove the statements were untrue , there was also not enough evidence to prove that the officers sought to mislead investigators or to obstruct a probe into their actions .
By MICHAEL BALSAMO and ERIC TUCKER Associated Press

The Justice Department announced Tuesday that it would not bring federal criminal charges against two Cleveland police officers in the 2014 killing of 12-year-old Tamir Rice, saying video of the shooting was of too poor a quality for prosecutors to conclusively establish what had happened.
WASHINGTON (AP) — The Justice Department announced Tuesday that it would not bring federal criminal charges against two Cleveland police officers in the 2014 killing of 12-year-old Tamir Rice, saying video of the shooting was of too poor a quality for prosecutors to conclusively establish what had happened.
In closing the case, the department brought to an end a long-running investigation into a high-profile shooting that helped galvanize the Black Lives Matter movement and that became part of the national dialogue about police use of force against minorities, including children. The decision, revealed in a lengthy statement, does not condone the officers' actions but rather says the cumulative evidence was not enough to support a federal criminal civil rights prosecution.
Tamir was playing with a pellet gun outside a recreation center in Cleveland on Nov. 22, 2014, when he was shot and killed by Officer Timothy Loehmann, who is white, seconds after Loehmann and his partner, Officer Frank Garmback, arrived at the scene. The officers were called to the recreation center after a man drinking beer and waiting for a bus had called 911 to report that a “guy” was pointing a gun at people. The caller told a 911 dispatcher that it was probably a juvenile and the gun might be “fake,” though that information was never relayed to the officers.
To bring federal civil rights charges in cases like these, the Justice Department must prove that an officer’s actions willfully broke the law and are not simply the result of a mistake, negligence or bad judgment. It has been a consistently tough burden for federal prosecutors to meet across both Democratic and Republican administrations, with the Justice Department declining criminal charges against police officers in other high-profile cases in recent years, including in the deaths of Eric Garner in New York City and Michael Brown in Ferguson, Missouri.
In a statement, Subodh Chandra, an attorney for the boy’s family, said the Justice Department’s “process was tainted” and the family has demanded prosecutors provide additional information about recommendations made during the probe.
“It’s beyond comprehension that the Department couldn’t recognize that an officer who claims he shouted commands when the patrol car’s window was closed and it was a winter day is lying,” Chandra said. “The Rice family has been cheated of a fair process yet again.”
In this case, the Justice Department said poor-quality surveillance video recorded in the area where the shooting took place prevented prosecutors from being able to conclusively determine whether Rice was or was not reaching for his toy gun just prior to being shot. The two officers who were investigated told authorities soon after the shooting that Rice was reaching for the gun prior to being shot and was given multiple commands to show his hands.
But the video reviewed by federal prosecutors makes the sequence of events less clear. The grainy time-lapse video, which has no audio, “does not show detail or perspective” and the camera’s view is obstructed by a police patrol car, prosecutors said. In addition, they said, though the positioning of the boy’s arms suggests they were in the vicinity of his waist, “his hands are not visible in the video and it cannot be determined from the video what he was doing.”
The Justice Department says seven use-of-force experts — three retained by the family, four by local authorities — reviewed the case, but the poor quality of the video on which they relied and their “conflicting opinions added little to the case.” The experts used by the family said the shooting was unreasonable while the four others said that it was reasonable.
The New York Times reported in October that the department had effectively shut down the investigation, but Tuesday’s announcement makes it official.
Inconsistent witness statements also complicated any prosecution. Neither of two witnesses who either saw part of the encounter or reported hearing gunshots said they saw exactly what Rice was doing just before the shooting, according to the Justice Department.
In a statement at the scene to three other law enforcement officers, Loehmann “repeatedly and consistently stated” that Tamir was reaching for a gun before he shot him, prosecutors said.
Both Loehmann and Garmback also said in statements after the shooting that Loehmann had given Tamir “multiple commands to show his hands before shooting” and both officers saw him reaching for the weapon. Prosecutors said Loehmann and Garmback were the only two witnesses in the “near vicinity of the shooting.”
A state grand jury had declined to indict Loehmann, though he was later fired after it was discovered he was previously deemed “unfit for duty.”
The Justice Department also investigated whether the officers obstructed justice in statements they made to other investigators soon after the shooting. Prosecutors concluded that though the statements included some different language, they were generally consistent. And since there was not enough evidence to prove the statements were untrue, there was also not enough evidence to prove that the officers sought to mislead investigators or to obstruct a probe into their actions.
By MICHAEL BALSAMO and ERIC TUCKER Associated Press


courthousenews--2020-12-30--Major Rail Safety Technology Installed Before Deadline

OMAHA , Neb .
( AP ) — The railroad industry has installed an automatic braking system on nearly 58,000 miles of track where it is required ahead of a yearend deadline , federal regulators said Tuesday .
Federal Railroad Administration chief Ronald Batory said railroads worked together over the past 12 years to develop and install the long-awaited technology known as positive train control , or PTC .
The roughly $ 15 billion braking system is aimed at reducing human error by automatically stopping trains in certain situations , such as when they ’ re in danger of colliding @ @ @ @ @ @ @ entering track under maintenance or traveling the wrong direction because of switching mistakes .
“ PTC is a risk reduction system that will make a safe industry even safer , and provide a solid foundation upon which additional safety improvements will be realized , ” Batory said .
The National Transportation Safety Board has said more than 150 train crashes since 1969 could have been prevented by positive train control , which was required in 2008 after a commuter train collided head-on with a freight train near Los Angeles , killing 25 and @ @ @ @ @ @ @ had recommended positive train control for years before Congress mandated it after that crash .
Then Congress extended the original 2015 deadline twice and gave railroads until the end of this year to complete the system .
Bob Chipkevich , who oversaw railroad crash investigations for several years at the NTSB , said positive train control is a significant safety improvement for the industry , particularly in areas where commuter trains operate and where hazardous gases are transported , but added that it could have been done years earlier and it is still @ @ @ @ @ @ @ “ When I was at NTSB , we were quite disappointed in how long it took to actually move forward with the requirements and development of the system , ” Chipkevich said .
“ It is a disappointment that it has taken so long.
” Railroad analyst Tony Hatch said the industry had to make sure each railroad ’ s system would work with those installed by other railroads because trains hauling people and goods often travel across several different railroads ’ tracks .
“ It was an expensive , complicated and time @ @ @ @ @ @ @ The braking system uses GPS , wireless radio and computers to monitor train position and speed , and it can give engineers commands .
The NTSB said the system could have prevented the December 2017 derailment of an Amtrak passenger train in Washington state that killed three passengers and injured 57 people .
Ian Jefferies , CEO of the Association of American Railroads trade group , said completing the positive train control systems is an important milestone for the industry that will “ enhance safety and springboard innovation long into the future .
@

The railroad industry has installed an automatic braking system on nearly 58,000 miles of track where it is required ahead of a yearend deadline, federal regulators said Tuesday.
OMAHA, Neb. (AP) — The railroad industry has installed an automatic braking system on nearly 58,000 miles of track where it is required ahead of a yearend deadline, federal regulators said Tuesday.
Federal Railroad Administration chief Ronald Batory said railroads worked together over the past 12 years to develop and install the long-awaited technology known as positive train control, or PTC. The roughly $15 billion braking system is aimed at reducing human error by automatically stopping trains in certain situations, such as when they're in danger of colliding, derailing because of excessive speed, entering track under maintenance or traveling the wrong direction because of switching mistakes.
“PTC is a risk reduction system that will make a safe industry even safer, and provide a solid foundation upon which additional safety improvements will be realized,” Batory said.
The National Transportation Safety Board has said more than 150 train crashes since 1969 could have been prevented by positive train control, which was required in 2008 after a commuter train collided head-on with a freight train near Los Angeles, killing 25 and injuring more than 100. That agency had recommended positive train control for years before Congress mandated it after that crash. Then Congress extended the original 2015 deadline twice and gave railroads until the end of this year to complete the system.
Bob Chipkevich, who oversaw railroad crash investigations for several years at the NTSB, said positive train control is a significant safety improvement for the industry, particularly in areas where commuter trains operate and where hazardous gases are transported, but added that it could have been done years earlier and it is still not required on all tracks nationwide.
“When I was at NTSB, we were quite disappointed in how long it took to actually move forward with the requirements and development of the system,” Chipkevich said. “It is a disappointment that it has taken so long.”
Railroad analyst Tony Hatch said the industry had to make sure each railroad's system would work with those installed by other railroads because trains hauling people and goods often travel across several different railroads' tracks.
“It was an expensive, complicated and time consuming project,” Hatch said.
The braking system uses GPS, wireless radio and computers to monitor train position and speed, and it can give engineers commands. The NTSB said the system could have prevented the December 2017 derailment of an Amtrak passenger train in Washington state that killed three passengers and injured 57 people.
Ian Jefferies, CEO of the Association of American Railroads trade group, said completing the positive train control systems is an important milestone for the industry that will "enhance safety and springboard innovation long into the future.”
By JOSH FUNK AP Business Writer


courthousenews--2020-12-30--Argentine Senate Weighs Fate of Abortion in Pope’s Homeland

BUENOS AIRES , Argentina ( AP ) — The decades-long fight by Argentine women ’ s groups for legal abortion was being decided by the Senate in a debate that spilled into the early hours of Wednesday before a vote that could change the outlook for the procedure across a continent where it is still largely illegal .
The bill , which would legalize elective abortion in the first 14 weeks of a pregnancy , was already approved by Argentina ’ s Chamber of Deputies and had the support of President Alberto Fernández , meaning the Senate vote would be @ @ @ @ @ @ @ Pope Francis .
A previous abortion bill was voted down by lawmakers in 2018 , but this time it was being backed by the center-left government .
Seventy senators , more than half of them men , were to vote on the measure sometime Wednesday .
The outcome was considered uncertain .
“ The vote is even , ” said Sen. Nancy González , a backer of the legislation .
“ This is vote by vote .
We are still working on the undecided.
” Outside the Senate in Buenos Aires , pro- @ @ @ @ @ @ @ bill ’ s supporters wearing the color green that represents their pro-abortion movement .
Argentina ’ s feminist movement has been demanding legal abortion for more than 30 years and activists say the bill ’ s approval could mark a watershed in Latin America , where the Roman Catholic Church ’ s influence has long dominated .
Abortion remains largely illegal in the region , except for in Uruguay , Cuba , Mexico City , the Mexican state of Oaxaca , the Antilles and French Guiana .
“ Our country is a country @ @ @ @ @ @ @ Albarello , a psychiatrist with a network of health professionals that supports the bill , who was among the demonstrators outside the congressional building .
“ It is the only one in the world that brought members of its genocidal military dictatorship to justice with all the guarantees .
But we still don ’ t have legal abortion .
Why ?
Because the church is together with the state.
” Hours before the start of the historic session , the pope again once commented on abortion .
“ The Son of God was @ @ @ @ @ @ @ tell us that every outcast is a child of God , ” the pontiff said on his Twitter account .
“ He came into the world as each child comes into the world , weak and vulnerable , so that we can learn to accept our weaknesses with tender love.
” The legislative debate was being presided over by Vice President Cristina Fernández , who was president in 2007-2015 and would vote only if there was a tie among the senators .
Supporters said the bill seeks to eradicate the clandestine abortions that @ @ @ @ @ @ @ the country since 1983 , according to figures from authorities .
The uncertainty surrounding the vote was partly due to the fact that the political parties , including the governing Peronist movement , gave their legislators freedom to vote as they chose .
Two of the 72 senators were absent , and 43 of the remaining senators were men .
Argentina currently penalizes women and those who help them abort .
The only exceptions are cases involving rape or a risk to the health of the mother , and activists complain even these @ @ @ @ @ @ @ .
Also gathered outside the legislature , a group that calls its members “ defenders of the two lives ” set up an altar with a crucifix under a blue tent .
Dressed in a white smock and light-blue face mask , teacher Adriana Broni said that even if the abortion law won approval , “ I will not teach that it is a right to kill , murder , a baby who has no voice.
” In addition to allowing abortion within the first 14 weeks of pregnancy , the legislation also @ @ @ @ @ @ @ , a pregnancy could be legally terminated if it was the result of rape or if the person ’ s life or integral health was in danger .
It would allow conscientious refusal to participate in an abortion for health professionals and private medical institutions at which all doctors are against the procedure .
But they would be required to refer the woman to another medical center .
Conscientious objection also could not be claimed if a pregnant woman ’ s life or health was in danger .
By ALMUDENA CALATRAVA and DÉBORA @ @ @

The decades-long fight by Argentine women’s groups for legal abortion was being decided by the Senate in a debate that spilled into the early hours of Wednesday before a vote that could change the outlook for the procedure across a continent where it is still largely illegal.
BUENOS AIRES, Argentina (AP) — The decades-long fight by Argentine women’s groups for legal abortion was being decided by the Senate in a debate that spilled into the early hours of Wednesday before a vote that could change the outlook for the procedure across a continent where it is still largely illegal.
The bill, which would legalize elective abortion in the first 14 weeks of a pregnancy, was already approved by Argentina’s Chamber of Deputies and had the support of President Alberto Fernández, meaning the Senate vote would be its final hurdle in the homeland of Pope Francis.
A previous abortion bill was voted down by lawmakers in 2018, but this time it was being backed by the center-left government. Seventy senators, more than half of them men, were to vote on the measure sometime Wednesday. The outcome was considered uncertain.
"The vote is even,” said Sen. Nancy González, a backer of the legislation. “This is vote by vote. We are still working on the undecided.”
Outside the Senate in Buenos Aires, pro- and anti-abortion activists gathered, with the bill's supporters wearing the color green that represents their pro-abortion movement.
Argentina’s feminist movement has been demanding legal abortion for more than 30 years and activists say the bill's approval could mark a watershed in Latin America, where the Roman Catholic Church's influence has long dominated. Abortion remains largely illegal in the region, except for in Uruguay, Cuba, Mexico City, the Mexican state of Oaxaca, the Antilles and French Guiana.
“Our country is a country of many contradictions,” said Ester Albarello, a psychiatrist with a network of health professionals that supports the bill, who was among the demonstrators outside the congressional building. “It is the only one in the world that brought members of its genocidal military dictatorship to justice with all the guarantees. But we still don’t have legal abortion. Why? Because the church is together with the state.”
Hours before the start of the historic session, the pope again once commented on abortion.
“The Son of God was born an outcast, in order to tell us that every outcast is a child of God,” the pontiff said on his Twitter account. “He came into the world as each child comes into the world, weak and vulnerable, so that we can learn to accept our weaknesses with tender love.”
The legislative debate was being presided over by Vice President Cristina Fernández, who was president in 2007-2015 and would vote only if there was a tie among the senators.
Supporters said the bill seeks to eradicate the clandestine abortions that have caused more than 3,000 deaths in the country since 1983, according to figures from authorities.
The uncertainty surrounding the vote was partly due to the fact that the political parties, including the governing Peronist movement, gave their legislators freedom to vote as they chose. Two of the 72 senators were absent, and 43 of the remaining senators were men.
Argentina currently penalizes women and those who help them abort. The only exceptions are cases involving rape or a risk to the health of the mother, and activists complain even these exceptions are not respected in some provinces.
Also gathered outside the legislature, a group that calls its members “defenders of the two lives” set up an altar with a crucifix under a blue tent. Dressed in a white smock and light-blue face mask, teacher Adriana Broni said that even if the abortion law won approval, “I will not teach that it is a right to kill, murder, a baby who has no voice.”
In addition to allowing abortion within the first 14 weeks of pregnancy, the legislation also would establish that even after that period, a pregnancy could be legally terminated if it was the result of rape or if the person’s life or integral health was in danger.
It would allow conscientious refusal to participate in an abortion for health professionals and private medical institutions at which all doctors are against the procedure. But they would be required to refer the woman to another medical center. Conscientious objection also could not be claimed if a pregnant woman’s life or health was in danger.
By ALMUDENA CALATRAVA and DÉBORA REY Associated Press


courthousenews--2020-12-30--Louisiana Congressman-Elect Luke Letlow Dead From Covid-19

BATON ROUGE , La .
( AP ) — Luke Letlow , Louisiana ’ s incoming Republican member of the U.S. House , died Tuesday night from complications related to COVID-19 only days before being sworn into office .
He was 41 .
“ The family appreciates the numerous prayers and support over the past days but asks for privacy during this difficult and unexpected time , ” Bautsch said in a statement .
“ A statement from the family along with funeral arrangements will be announced at a later time.
” “ Luke had such a positive spirit , @ @ @ @ @ @ @ him .
He was looking forward to serving the people of Louisiana in Congress , and we were excited to welcome him to our delegation where he was ready to make an even greater impact on our state and our nation , ” they said in a statement .
The state ’ s newest congressman , set to take office in January , was admitted to a Monroe hospital on Dec. 19 after testing positive for the coronavirus disease .
He was later transferred to the Shreveport facility and placed in intensive care @ @ @ @ @ @ @ of Start in Richland Parish , was elected in a December runoff election for the 5th District U.S. House seat representing central and northeastern regions of the state , including the cities of Monroe and Alexandria .
He was to fill the seat being vacated by his boss , Republican Ralph Abraham .
Letlow had been Abraham ’ s chief of staff and ran with Abraham ’ s backing for the job .
“ COVID-19 has taken Congressman-elect Letlow from us far too soon , ” the Democratic governor said in a statement @ @ @ @ @ @ @ will not be able to serve our people as a U.S. representative , but I am even more devastated for his loving family.
” Before working for Abraham , Letlow had worked for former Gov .
Bobby Jindal ’ s administration .
Jindal ’ s one-time chief of staff , Timmy Teepell , described Letlow on Twitter as “ a good man with a kind heart and a passion to serve .
He loved Louisiana and his family .
He was a brother and I ’ m heart broken he ’ s gone.
@ @ @ @ @ @ @ , Julia Barnhill Letlow , and two children .
U.S. Sen. Bill Cassidy , a Republican and doctor who tested positive for COVID-19 earlier this year and has since recovered , posted in a Twitter video : “ It just , just , just , just brings home COVID can kill .
For most folks it doesn ’ t , but it truly can .
So , as you remember Luke , his widow , his children in your prayers , remember as well to be careful with COVID .
”

Luke Letlow, Louisiana's incoming Republican member of the U.S. House, died Tuesday night from complications related to COVID-19 only days before being sworn into office. He was 41.
BATON ROUGE, La. (AP) — Luke Letlow, Louisiana's incoming Republican member of the U.S. House, died Tuesday night from complications related to Covid-19 only days before being sworn into office. He was 41.
Letlow spokesman Andrew Bautsch confirmed the congressman-elect's death at Ochsner-LSU Health Shreveport.
“The family appreciates the numerous prayers and support over the past days but asks for privacy during this difficult and unexpected time,” Bautsch said in a statement. “A statement from the family along with funeral arrangements will be announced at a later time.”
Louisiana's eight-member congressional delegation called Letlow's death devastating.
“Luke had such a positive spirit, and a tremendously bright future ahead of him. He was looking forward to serving the people of Louisiana in Congress, and we were excited to welcome him to our delegation where he was ready to make an even greater impact on our state and our nation," they said in a statement.
The state's newest congressman, set to take office in January, was admitted to a Monroe hospital on Dec. 19 after testing positive for the coronavirus disease. He was later transferred to the Shreveport facility and placed in intensive care.
Letlow, from the small town of Start in Richland Parish, was elected in a December runoff election for the 5th District U.S. House seat representing central and northeastern regions of the state, including the cities of Monroe and Alexandria.
He was to fill the seat being vacated by his boss, Republican Ralph Abraham. Letlow had been Abraham's chief of staff and ran with Abraham's backing for the job.
Gov. John Bel Edwards urged people to pray for Letlow’s family.
“Covid-19 has taken Congressman-elect Letlow from us far too soon,” the Democratic governor said in a statement. “I am heartbroken that he will not be able to serve our people as a U.S. representative, but I am even more devastated for his loving family.”
Before working for Abraham, Letlow had worked for former Gov. Bobby Jindal's administration. Jindal's one-time chief of staff, Timmy Teepell, described Letlow on Twitter as “a good man with a kind heart and a passion to serve. He loved Louisiana and his family. He was a brother and I’m heart broken he’s gone.”
Letlow is survived by his wife, Julia Barnhill Letlow, and two children.
U.S. Sen. Bill Cassidy, a Republican and doctor who tested positive for Covid-19 earlier this year and has since recovered, posted in a Twitter video: “It just, just, just, just brings home Covid can kill. For most folks it doesn't, but it truly can. So, as you remember Luke, his widow, his children in your prayers, remember as well to be careful with Covid.”
By MELINDA DESLATTE Associated Press


courthousenews--2020-12-30--Judges’ Ageism Suit Debated in Suffolk County Court

LONG ISLAND , N.Y. ( CN ) — In a Suffolk County virtual hearing Tuesday , attorneys debated whether an ageism suit brought by New York judges should continue in county court , now that the state ’ s appellate court has agreed to hear its merits .
A group of judges filed the complaint after the state ’ s chief administrative judge denied 46 out of 49 requests to recertify judges who are at least 70 years old , the state ’ s mandatory retirement age for judges .
Judges older than 70 can reapply to continue serving every @ @ @ @ @ @ @ , those requests are approved , provided a judge is healthy and able to serve .
Citing a need for deep budget cuts due to the Covid-19 pandemic , however , the court administration denied all but three applications in September , a move that terminated seven appellate judges , including the four plaintiffs .
Henry Greenberg , representing the state court system , told the county court Tuesday there is “ no earthly reason why this court should be in effect trying to jam the court with its own view , ” @ @ @ @ @ @ @ before ” the New York State Supreme Court Appellate Division ’ s Third Judicial Department .
James Catterson , on behalf of the plaintiff judges , said he would avoid giving a “ soliloquy ” at the mostly procedural hearing , but that the judge is “ free to rule ” on current pending motions in the county court .
Because of the pandemic , New York ’ s judiciary had to cut its budget by $ 291 million — and labor accounts for 90 % of spending , Greenberg wrote in a @ @ @ @ @ @ @ .
He said the “ painful decision ” to deny judges ’ recertification requests saved $ 55 million and prevented 324 layoffs .
Attorneys for the plaintiffs argue that using an age cutoff to save money is “ blatant age discrimination.
” “ They decided to terminate the most experienced judges in the state and have already signaled their intention to replace those judges with younger and less experienced judges , ” the judges ’ complaint reads , “ some of whom have never been elected by the voters of this state.
” @ @ @ @ @ @ @ for the judges , Suffolk County Justice Paul Baisley signed a temporary restraining order that allowed the judges to keep their jobs while the matter is decided .
Last week , however , the Third Department appeals court vacated Justice Baisley ’ s order .
The court will hear an appeal by the respondents , following Baisley ’ s denial of a motion to dismiss , in January .
In the meantime , the judges suing will have to plan to retire in a few days .
The suit was brought by four @ @ @ @ @ @ @ 70 , who said she was “ stunned ” to learn her recertification would be denied , as she had planned on staying on through age 76 .
Chief Judge Janet DiFiore , in her role overseeing the state unified court system , and Chief Administrative Judge Lawrence Marks are among the defendants .
The plaintiffs intend to depose both Judges Marks and DiFiore , something Greenberg argues in his Third Department brief was ordered on an ex parte basis and must be stopped .
“ If this Court does not reverse and @ @ @ @ @ @ @ aside the discovery ordered by Supreme Court , ” Greenberg ’ s brief reads .
“ No court has ever before ordered depositions of the Judiciary ’ s leaders in a case challenging the denial of certification — and with good reason , ” the brief continues .
“ A mountain of case law precludes depositions of high-ranking government officials and other comparable attempts to explore the deliberative processes of Judges.
” Greenberg , of the firm Greenberg Traurig , added that permitting discovery in this case “ will destroy the constitutional and @ @ @ @ @ @ @ ” making every denial of certification open to judicial review .
Plaintiffs have not yet filed a response to Greenberg ’ s appellate brief .
During the Dec. 18 hearing , Catterson called the notion of Baisley ’ s orders being partial to the plaintiffs a “ canard , ” saying court transcripts “ establish beyond any doubt ” that nothing was entered ex parte .
Catterson , of the firm Arnold & Porter , also argued that during the pandemic , the backlog of cases waiting to be heard has grown and @ @ @ @ @ @ @ of Court Administration to say that keeping judges older than 70 on the bench is unnecessary .
In New York Appellate Division ’ s Second Department , for instance , there is already a three-year backlog , which will “ balloon to four , if not five years ” in part because of the pandemic , Catterson said .

In a Suffolk County virtual hearing Tuesday, attorneys debated whether an ageism suit brought by New York judges should continue in county court, now that the state’s appellate court has agreed to hear its merits.
LONG ISLAND, N.Y. (CN) — In a Suffolk County virtual hearing Tuesday, attorneys debated whether an ageism suit brought by New York judges should continue in county court now that the state’s appellate court has agreed to hear its merits.
A group of judges filed the complaint after the state's chief administrative judge denied 46 out of 49 requests to recertify judges who are at least 70 years old, the state’s mandatory retirement age for judges.
Judges older than 70 can reapply to continue serving every two years until age 76. Typically, those requests are approved, provided a judge is healthy and able to serve.
Citing a need for deep budget cuts due to the Covid-19 pandemic, however, the court administration denied all but three applications in September — a move that terminated seven appellate judges, including the four plaintiffs.
Henry Greenberg, representing the state court system, told the county court Tuesday there is “no earthly reason why this court should be in effect trying to jam the court with its own view,” since the matter is now “fully before” the Third Judicial Department of the New York State Supreme Court Appellate Division.
James Catterson, on behalf of the plaintiff judges, said he would avoid giving a “soliloquy” at the mostly procedural hearing, but that the judge is “free to rule” on current pending motions in the county court.
Because of the pandemic, New York’s judiciary had to cut its budget by $291 million — and labor accounts for 90% of spending, Greenberg wrote in a brief filed Tuesday in the Third Department. He said the “painful decision” to deny judges’ recertification requests saved $55 million and prevented 324 layoffs.
Attorneys for the plaintiffs argue that using an age cutoff to save money is “blatant age discrimination.”
“They decided to terminate the most experienced judges in the state and have already signaled their intention to replace those judges with younger and less experienced judges,” the judges’ complaint states, “some of whom have never been elected by the voters of this state.”
On Dec. 18, in a win for the judges, Suffolk County Justice Paul Baisley signed a temporary restraining order that allowed the judges to keep their jobs while the matter is decided.
Last week, however, the Third Department appeals court vacated Justice Baisley’s order. The court will hear an appeal by the state, following Baisley’s denial of a motion to dismiss, in January.
In the meantime, the judges suing will have to plan to retire in a few days.
The suit was brought by four appellate judges including Justice Ellen Gesmer, 70, who said she was “stunned” to learn her recertification would be denied, as she had planned on staying on through age 76.
Chief Judge Janet DiFiore, in her role overseeing the state unified court system, and Chief Administrative Judge Lawrence Marks are among the defendants.
The plaintiffs intend to depose both Judges Marks and DiFiore, something Greenberg argues in his Third Department brief was ordered on an ex parte basis and must be stopped.
“If this Court does not reverse and dismiss this matter, it must set aside the discovery ordered by Supreme Court,” Greenberg’s brief states.
“No court has ever before ordered depositions of the Judiciary’s leaders in a case challenging the denial of certification — and with good reason,” the brief continues. “A mountain of case law precludes depositions of high-ranking government officials and other comparable attempts to explore the deliberative processes of Judges.”
Greenberg, of the firm Greenberg Traurig, added that permitting discovery in this case “will destroy the constitutional and statutory design of the certification process,” making every denial of certification open to judicial review.
Plaintiffs have not yet filed a response to Greenberg’s appellate brief.
During the Dec. 18 hearing, Catterson called the notion of Baisley’s orders being partial to the plaintiffs a “canard,” saying court transcripts “establish beyond any doubt” that nothing was entered ex parte.
Catterson, of the firm Arnold & Porter, also argued that during the pandemic, the backlog of cases waiting to be heard has grown and it’s impossible for the Office of Court Administration to say that keeping judges older than 70 on the bench is unnecessary.
In New York Appellate Division’s Second Department, for instance, there is already a three-year backlog, which will “balloon to four, if not five years” in part because of the pandemic, Catterson said.


courthousenews--2020-12-31--Justice Halts Forced Retirement of Aging New York Judges

LONG ISLAND ( CN ) — On the eve of what would have been four New York appellate judges ’ last day on the bench , the group suing the state for ageism over its mandatory retirement age received good news from Suffolk County .
Justice Paul Baisley wrote an order Wednesday annulling state court administrators ’ decision to deny recertification to 46 of 49 judges ages 70 or older , a move Baisley called “ arbitrary and capricious , unconstitutional and discriminatory.
” New York judges have to retire at age 70 , but they can apply to keep @ @ @ @ @ @ @ applications are reviewed for the judges ’ fitness to serve , and are typically approved every two years .
The ruling means that , “ without penalty , ” the judges may withdraw their applications to retire at the end of 2020 , Justice Baisley wrote in the 6-page decision .
Because the Covid-19 pandemic has created a need for deep budget cuts and the judiciary spends most of its money on labor , court administrators decided in September to deny recertification to all but three judges to save money and avoid layoffs @ @ @ @ @ @ @ Justice Baisley noted .
“ The facts of this controversy are undisputed and the parties agree that the causes of action in this proceeding/action are ripe for determination on the merits , ” he wrote .
In determining whether to certify a judge beyond age 70 , the New York Constitution requires the court administrative board to consider two things : whether the judge ’ s service is necessary for expediting the court ’ s business and the judge ’ s mental and physical competency .
Each judge petitioning the court satisfies the @ @ @ @ @ @ @ there is no evidence to suggest that the board conducted individual reviews of each judge requesting recertification to determine the former .
The administrative board ’ s decision , then , “ simply can not reasonably be viewed as the exercise of the ‘ integrity and collective wisdom of a carefully selected , high level certifying authority endowed with peculiar experience and expertise ’ to which the Constitution and Judiciary Law entrusts this determination , ” Baisley wrote .
Baisley also knocked down the idea that the administrative board has “ unfettered discretion @ @ @ @ @ @ @ that notion “ smacks of such alien concepts as to the divine right of kings and papal infallibility.
” “ In fact , the record of the proceedings before the Board is devoid of any evidence that supports a finding that the Board employed its discretion at all , ” he wrote .
Y. David Scharf , an attorney at the firm Morrison Cohen representing the judges , said in an email that the next step is for the Office of Court Administration and Governor Andrew Guomo to allow his clients to keep @ @ @ @ @ @ @ with the thoughtful ruling by Justice Baisley , ” Scharf said , “ and we hope that OCA and the Governor will now recognize the value of these appellate division judges and allow them to continue to serve.
” Apart from today ’ s decision in Suffolk County , the case is already proceeding in the Third Judicial Department of the New York State Supreme Court Appellate Division .
After Baisley denied a motion to dismiss the case , the Third Department agreed to hear an appeal of the matter , which names @ @ @ @ @ @ @ — the head of the same Albany-based appeals court .
When taking up the case , the Third Department also vacated a temporary restraining order Justice Baisley had signed in mid-December .
Henry Greenberg , attorney for the court administration , filed a Third Department brief Tuesday asking the court to dismiss the ageism suit altogether , or at least to block the plaintiffs from deposing Judge DiFiore .
“ No court has ever before ordered depositions of the Judiciary ’ s leaders in a case challenging the denial of certification — and @ @ @ @ @ @ @ , of the firm Greenberg Traurig .
“ A mountain of case law precludes depositions of high-ranking government officials and other comparable attempts to explore the deliberative processes of Judges.
” Permitting discovery “ will destroy the constitutional and statutory design of the certification process , ” he continued , making every denial of certification open to judicial review .
Greenberg has not responded to requests for comment .
The Third Department will hear the appeal in January .

On the eve of what would have been four New York appellate judges’ last day on the bench, the group suing the state for ageism over its mandatory retirement age received good news from Suffolk County.
RIVERHEAD, N.Y. (CN) — On the eve of what would have been four New York appellate judges’ last day on the bench, the group suing the state for ageism over its mandatory retirement age received good news from Suffolk County.
Justice Paul Baisley wrote an order Wednesday annulling state court administrators’ decision to deny recertification to 46 of 49 judges ages 70 or older, a move Baisley called “arbitrary and capricious, unconstitutional and discriminatory.”
New York judges have to retire at age 70, but they can apply to keep their jobs until age 76. Their applications are reviewed for the judges' fitness to serve, and are typically approved every two years.
The ruling means that, "without penalty," the judges may withdraw their applications to retire at the end of 2020, Justice Baisley wrote in the 6-page decision.
Because the Covid-19 pandemic has created a need for deep budget cuts and the judiciary spends most of its money on labor, court administrators decided in September to deny recertification to all but three judges to save money and avoid layoffs.
That much was not contested, Justice Baisley noted.
“The facts of this controversy are undisputed and the parties agree that the causes of action in this proceeding/action are ripe for determination on the merits,” he wrote.
In determining whether to certify a judge beyond age 70, the New York Constitution requires the court administrative board to consider two things: and the judge’s mental and physical competency, and whether the judge’s service is necessary for expediting the court’s business.
Each judge petitioning the court satisfies the former criteria, Baisley said, and there is no evidence to suggest that the board conducted individual reviews of each judge requesting recertification to determine the latter.
The administrative board’s decision, then, “simply cannot reasonably be viewed as the exercise of the ‘integrity and collective wisdom of a carefully selected, high level certifying authority endowed with peculiar experience and expertise’ to which the Constitution and Judiciary Law entrusts this determination,” Baisley wrote.
Baisley also knocked down the idea that the administrative board has “unfettered discretion” in its review process, saying that notion “smacks of such alien concepts as to the divine right of kings and papal infallibility.”
“In fact, the record of the proceedings before the Board is devoid of any evidence that supports a finding that the Board employed its discretion at all,” he wrote.
Y. David Scharf, an attorney at the firm Morrison Cohen representing the judges, said in an email that the next step is for the Office of Court Administration and Governor Andrew Guomo to allow his clients to keep their jobs.
“We are delighted with the thoughtful ruling by Justice Baisley,” Scharf said, “and we hope that OCA and the Governor will now recognize the value of these appellate division judges and allow them to continue to serve.”
Apart from today’s decision in Suffolk County, the case is already proceeding in the Third Judicial Department of the New York State Supreme Court Appellate Division.
After Baisley denied a motion to dismiss the case, the Third Department agreed to hear an appeal of the matter, which names as a defendant Chief Judge Janet DiFiore — the head of the same Albany-based appeals court.
When taking up the case, the Third Department also vacated a temporary restraining order Justice Baisley had signed in mid-December.
Henry Greenberg, attorney for the court administration, filed a Third Department brief Tuesday asking the court to dismiss the ageism suit altogether, or at least to block the plaintiffs from deposing Judge DiFiore.
“No court has ever before ordered depositions of the Judiciary’s leaders in a case challenging the denial of certification — and with good reason,” wrote Greenberg, of the firm Greenberg Traurig. “A mountain of case law precludes depositions of high-ranking government officials and other comparable attempts to explore the deliberative processes of Judges.”
Permitting discovery “will destroy the constitutional and statutory design of the certification process,” he continued, making every denial of certification open to judicial review.
Greenberg has not responded to requests for comment. The Third Department will hear the appeal in January.


Neverending Election

WASHINGTON — President Donald Trump joined the fray to overturn the will of Wisconsin voters who chose President-elect Joe Biden @ @ @ @ @ U.S. Supreme Court to toss the election results so the Republican-led Wisconsin Legislature can choose @ @ @ @ @ who will , presumably , back Trump .


courthousenews--2020-12-31--December Storms Can’t Overcome Dry Fall in California

( CN ) — The first snow survey in California was ambiguous .
While it showed the mountains just southeast of Lake Tahoe contains a snowpack that is approximately average for this point of the winter , the automatic snow sensor network shows an impoverished snowpack throughout the Sierra , particularly in the southern reach of the range .
The California Department of Water Resources conducted the manual survey at Phillips Station and found a snow depth of 30.5 inches , which represents 93 % of the average for this point in the season .
“ It ’ s a @ @ @ @ @ @ @ seeing through our statewide automatic sensor , ” said Sean de Guzman , chief of the water department ’ s snow surveys and water supply .
Throughout the state , the picture is a little grimmer , with the snowpack at 53 % of the average .
“ Some snow came in the last couple of weeks , but the Southern Sierra has not really been hit , ” de Guzman said .
The overall results also reflect an entrenched pattern of dry weather that began in October and stretched throughout the fall @ @ @ @ @ @ @ of 2020 is one of the 15 driest on record , ” said de Guzman .
Storms in December have helped to alleviate some of those issues , but not all .
The unprecedented wildfire season in California will also hamper the snowpack , according to the water department .
The Creek Fire in the southern part of the Sierra , burned vast swathes of forest , meaning snow accumulation , melting rates and soil absorption will all be negatively affected .
The same is true for forested areas in the northern stretch @ @ @ @ @ @ @ Complex fire that burned in the Feather River watershed during the late summer-early autumn .
“ It presents impacts to our snowpack , ” de Guzman said .
The Sierra snowpack provides nearly a third of the water annually consumed by California homes , businesses and farms .
The accumulation of a large snowpack is important because California receives little to no precipitation from May through September .
Historically , the state , which has a Mediterranean climate , receives most of its water supply during the three wettest months — December , @ @ @ @ @ @ @ dry autumns followed by wet winters in California ’ s recorded past , so water managers are not overly concerned at this point .
“ We still have several months left to bring us up to average , but we should prepare now for extended dry conditions , ” said Karla Nemeth , director of the water department .
Although , recent long-term weather forecasts predict a shift in the Pacific Ocean storm tracks that could bring more precipitation to all of California in early January .
“ Multiple rounds of rain and @ @ @ @ @ @ @ weekend into the middle of next week , ” the National Weather Service said Wednesday .
Such forecasts have prompted water managers to wax cautiously optimistic that next month ’ s survey will yield more promising results .
All of California is abnormally dry , according to the U.S. Drought Monitor .
About 95 % of the state is experiencing some level of drought , while approximately three-quarters of the state is labeled severe drought .
At the start of the fall , only one-third of the state fell under severe drought , @ @ @ @ @ @ @ persistent dry weather continue to be .
The American West at large has been hurt by periods of dry weather .
Most of the Four Corners region , encompassing large swaths of Utah , Colorado , New Mexico and Arizona , are labeled as exceptional drought , the most extreme category .
Utah is particularly hard hit , with two-thirds of the state mired in exceptional drought .
If the storm track turns , delivering storms to the southern portion of the continental United States , these states will get the reprieve they @ @ @ @ @ @ @ businesses and farms in the region will be in for a pattern of reduced water deliveries .

As the Golden State moves into the winter months, an entrenched pattern of dry weather and an unprecedented wildfire season continues to hamper the snowpack.
(CN) — The first snow survey in California was ambiguous.
While it showed the mountains just southeast of Lake Tahoe contains a snowpack that is approximately average for this point of the winter, the automatic snow sensor network shows an impoverished snowpack throughout the Sierra, particularly in the southern reach of the range.
The California Department of Water Resources conducted the manual survey at Phillips Station and found a snow depth of 30.5 inches, which represents 93% of the average for this point in the season.
“It’s a little bit higher than we have been seeing through our statewide automatic sensor,” said Sean de Guzman, chief of the water department’s snow surveys and water supply.
Throughout the state, the picture is a little grimmer, with the snowpack at 53% of the average.
“Some snow came in the last couple of weeks, but the Southern Sierra has not really been hit,” de Guzman said.
The overall results also reflect an entrenched pattern of dry weather that began in October and stretched throughout the fall season in California.
“The fall of 2020 is one of the 15 driest on record,” said de Guzman. Storms in December have helped to alleviate some of those issues, but not all.
The unprecedented wildfire season in California will also hamper the snowpack, according to the water department. The Creek Fire in the southern part of the Sierra, burned vast swathes of forest, meaning snow accumulation, melting rates and soil absorption will all be negatively affected.
The same is true for forested areas in the northern stretch of the Sierra affected by the North Complex fire that burned in the Feather River watershed during the late summer-early autumn.
“It presents impacts to our snowpack,” de Guzman said.
The Sierra snowpack provides nearly a third of the water annually consumed by California homes, businesses and farms. The accumulation of a large snowpack is important because California receives little to no precipitation from May through September. Historically, the state, which has a Mediterranean climate, receives most of its water supply during the three wettest months — December, January and February.
There have been dry autumns followed by wet winters in California’s recorded past, so water managers are not overly concerned at this point.
“We still have several months left to bring us up to average, but we should prepare now for extended dry conditions,” said Karla Nemeth, director of the water department.
Although, recent long-term weather forecasts predict a shift in the Pacific Ocean storm tracks that could bring more precipitation to all of California in early January.
“Multiple rounds of rain and significant mountain snow are possible this holiday weekend into the middle of next week,” the National Weather Service said Wednesday.
Such forecasts have prompted water managers to wax cautiously optimistic that next month’s survey will yield more promising results.
It’s desperately needed.
All of California is abnormally dry, according to the U.S. Drought Monitor. About 95% of the state is experiencing some level of drought, while approximately three-quarters of the state is labeled severe drought.
At the start of the fall, only one-third of the state fell under severe drought, indicating how dire the impacts from the persistent dry weather continue to be.
The American West at large has been hurt by periods of dry weather. Most of the Four Corners region, encompassing large swaths of Utah, Colorado, New Mexico and Arizona, are labeled as exceptional drought, the most extreme category.
Utah is particularly hard hit, with two-thirds of the state mired in exceptional drought.
If the storm track turns, delivering storms to the southern portion of the continental United States, these states will get the reprieve they crave.
If not, residents, businesses and farms in the region will be in for a pattern of reduced water deliveries.


courthousenews--2020-12-30--California Courts Covid Update

California Courts Covid Update

Dec. 28 , 2020 : Criminal Division calendars are vacated by presiding judge due to Covid-19 exposure of deputy and @ @ @ @ @ , effective Dec. 23 through Dec. 28 ( order is reflective of the orders and @ @ @ @ @ on Dec. 23 ) Dec. 28 , 2020 : All court appearances are to be @ @ @ @ @ exceptions , effective Jan. 4


courthousenews--2020-12-30--LA County Prosecutors Sue DA Gascón Over Criminal Justice Reforms

LOS ANGELES ( CN ) — A Los Angeles County judge on Wednesday ordered new District Attorney George Gascón to show why criminal justice reforms he enacted — which county prosecutors say conflict with state law — should not be blocked .
The order by LA County Superior Court Judge David J. Cowan stems from a lawsuit filed Wednesday by the Association of Deputy District Attorneys of Los Angeles ( ADDA ) .
The union ’ s lawsuit comes less than a month after Gascón took office and enacted reforms prosecutors say run afoul of state laws including the state @ @ @ @ @ @ @ a statement following Cowan ’ s order , Gascón acknowledged the criminal justice system will take time to adjust to his reforms — which he said voters demanded by electing him over the incumbent DA Jackie Lacey .
“ The will of the voters must not be mistaken as a commentary on the hundreds of deputy DAs who labor , day in and day out , to protect the public , ” said Gascón .
“ They are public servants who have earned our utmost respect and gratitude .
They certainly have mine @ @ @ @ @ @ @ me in making these much-needed changes.
” Gascón became the county ’ s top prosecutor in the wake of a tumultuous year that saw the fatal shootings of unarmed Black people by police that galvanized protests across the country .
Throughout his campaign , Gascón promised sweeping changes which he delivered Dec. 7 — his first day in office — when he eliminated cash bail for misdemeanor charges and told prosecutors to stop seeking the death penalty .
He also ordered prosecutors to stop filing charges with criminal enhancements , which can make @ @ @ @ @ @ @ s Three Strikes Law , anyone convicted of two criminal charges can see an enhancement that can increase their sentence to 25 years to life in prison .
LA City Councilman Paul Koretz claimed Gascón missed the mark by doing away with hate crime enhancements , calling attention to the record number of hate crimes against the transgender community .
Gascón backpedaled and said prosecutors could file enhancements for crimes committed against the “ most vulnerable ” including children and the elderly , and for hate crimes .
But that left in place @ @ @ @ @ @ @ Strikes Law , according to the deputy DAs ’ lawsuit .
They claim Gascón ’ s reform policies violate prosecutors ’ “ oaths of office ” to uphold state law and overrides their discretion to apply enhancements for prior strikes .
“ Simply put , none of them may be alleged or proven by county prosecutors under any circumstances , regardless of the evidence or other circumstances , ” the deputy DAs say in their 18-page complaint .
“ Accordingly , prosecutors have a ministerial duty to allege all prior convictions under the @ @ @ @ @ @ @ , and are refusing , to perform this duty.
” Gascón may have the discretion to decide what charges are filed , his deputy prosecutors say , but he can not decline that authority indiscriminately .
“ Simply put , respondents have a ministerial duty to enforce the law and to exercise their prosecutorial discretion in particular cases , ” the deputy DAs say .
Their union vice president , deputy DA Eric Siddall , said LA prosecutors are “ in an impossible position.
” “ Do we follow our legal and ethical @ @ @ @ @ @ @ fired , by our new boss ?
Or do we follow his policy directives and risk losing our California State Bar cards and , by extension , our ability to practice law anywhere in the state ?
We ’ re asking a court to answer those questions , ” Siddall said in a statement .
The prosecutors ’ union is represented by Eric George from Brown George Ross O ’ Brien and said it ’ s gratified by Cowan ’ s order .
The parties will be back in court Feb. 2 .
@ @ @ @ @ @ @ not comment on pending legal matters , they noted the Board of Supervisors “ has made it clear that justice reform continues to be one of its six major priorities with the goal of reducing the number of inmates with mental health and/or substance abuse disorders.
” The lawsuit also received immediate condemnation from reform-minded legal experts .
University of California , Berkeley Law School dean Erwin Chemerinsky , Stanford Law School professor David Mills and Michael Romano , director of Stanford Law School ’ s Three Strikes Project said in a joint @ @ @ @ @ @ @ attorneys complete authority on how to enforce state criminal law in their counties .
“ The Deputy District Attorneys Association ’ s concern over striking enhancements is inconsistent with their decades-long silence when former district attorneys often dismissed enhancements and Three Strikes allegations in the interests of justice , ” they said .
“ That the association now claims the practice to be unlawful is more reflective of their longstanding opposition to reform and the will of millions of Angelenos than it is the legality of DA Gascón ’ s directives.
” In @ @ @ @ @ @ @ LA County ’ s DA from 1992 to 2000 — said he understands why Gascón ’ s reforms are being met with opposition .
He said that he met with newly hired prosecutors and answered their questions but also laid down how he wanted the office run .
“ I had to let them know that I am the elected DA and I am the only one who has been elected , ” Garcetti said .
“ These are the things I have told the public I want to do.
” One policy @ @ @ @ @ @ @ through on charges in domestic abuse cases , even if a victim recanted and refused to testify .
Prosecutors , judges and police welcomed when a victim got cold feet and made up with their abuser , because that meant the case would be thrown out , Garcetti said .
There was pushback to his efforts to pursue those cases , but Garcetti said he believes prosecutors should uphold justice and break the chain of domestic violence so children don ’ t think that violence is part of every home life .
“ @ @ @ @ @ @ @ , and the children in that family .
They ’ re the ones who mimic the mother and there was great reluctance in the office , ” Garcetti said .
“ That ’ s what George is going through .
It takes some time , but he ’ s malleable to change policies for the better.
” And Miriam Krinsky , executive director of Fair and Just Prosecution — a network of reform-minded prosecutors — said that while the prosecutors might view Gascón ’ s reforms as radical , those are exactly the @ @ @ @ @ @ @ Krinsky , a former federal prosecutor in LA , said the criminal justice system has wasted billions of dollars to incarcerate people for decades rather than invest in prevention programs and provide positive support in communities most impacted by aggressive policing .
“ We spent a lot of money and destroyed a lot of communities and didn ’ t make our communities safer in the process , ” Krinsky said in a phone interview .
“ Not everyone is going to like it , but at the end of the day we ’ @ @ @ @ @ @ @

A Los Angeles County judge on Wednesday ordered new District Attorney George Gascón to show why criminal justice reforms he enacted — which county prosecutors say conflict with state law — should not be blocked.
LOS ANGELES (CN) — A Los Angeles County judge on Wednesday ordered new District Attorney George Gascón to show why criminal justice reforms he enacted — which county prosecutors say conflict with state law — should not be blocked.
The order by LA County Superior Court Judge David J. Cowan stems from a lawsuit filed Wednesday by the Association of Deputy District Attorneys of Los Angeles (ADDA). The union’s lawsuit comes less than a month after Gascón took office and enacted reforms prosecutors say run afoul of state laws including the state’s Three Strikes Law.
In a statement following Cowan’s order, Gascón acknowledged the criminal justice system will take time to adjust to his reforms — which he said voters demanded by electing him over the incumbent DA Jackie Lacey.
“The will of the voters must not be mistaken as a commentary on the hundreds of deputy DAs who labor, day in and day out, to protect the public,” said Gascón. “They are public servants who have earned our utmost respect and gratitude. They certainly have mine — and a sincere invitation to join me in making these much-needed changes.”
Gascón became the county’s top prosecutor in the wake of a tumultuous year that saw the fatal shootings of unarmed Black people by police that galvanized protests across the country. Throughout his campaign, Gascón promised sweeping changes which he delivered Dec. 7 — his first day in office — when he eliminated cash bail for misdemeanor charges and told prosecutors to stop seeking the death penalty.
He also ordered prosecutors to stop filing charges with criminal enhancements, which can make for harsher penalties. Under California’s Three Strikes Law, anyone convicted of two criminal charges can see an enhancement that can increase their sentence to 25 years to life in prison.
His day-one actions garnered immediate pushback.
LA City Councilman Paul Koretz claimed Gascón missed the mark by doing away with hate crime enhancements, calling attention to the record number of hate crimes against the transgender community. Gascón backpedaled and said prosecutors could file enhancements for crimes committed against the “most vulnerable” including children and the elderly, and for hate crimes.
But that left in place directives that violate California’s Three Strikes Law, according to the deputy DAs’ lawsuit. They claim Gascón’s reform policies violate prosecutors’ “oaths of office” to uphold state law and overrides their discretion to apply enhancements for prior strikes.
“Simply put, none of them may be alleged or proven by county prosecutors under any circumstances, regardless of the evidence or other circumstances,” the deputy DAs say in their 18-page complaint. “Accordingly, prosecutors have a ministerial duty to allege all prior convictions under the Three Strikes Law. Respondents have refused, and are refusing, to perform this duty.”
Gascón may have the discretion to decide what charges are filed, his deputy prosecutors say, but he cannot decline that authority indiscriminately.
“Simply put, respondents have a ministerial duty to enforce the law and to exercise their prosecutorial discretion in particular cases,” the deputy DAs say.
Their union vice president, deputy DA Eric Siddall, said LA prosecutors are “in an impossible position.”
“Do we follow our legal and ethical responsibilities and risk getting disciplined, even fired, by our new boss? Or do we follow his policy directives and risk losing our California State Bar cards and, by extension, our ability to practice law anywhere in the state? We're asking a court to answer those questions,” Siddall said in a statement.
The prosecutors’ union is represented by Eric George from Brown George Ross O’Brien and said it's gratified by Cowan's order. The parties will be back in court Feb. 2.
While a spokesperson said the county does not comment on pending legal matters, they noted the Board of Supervisors "has made it clear that justice reform continues to be one of its six major priorities with the goal of reducing the number of inmates with mental health and/or substance abuse disorders."
The lawsuit also received immediate condemnation from reform-minded legal experts.
University of California, Berkeley Law School dean Erwin Chemerinsky, Stanford Law School professor David Mills and Michael Romano, director of Stanford Law School’s Three Strikes Project said in a joint statement the California Supreme Court gives district attorneys complete authority on how to enforce state criminal law in their counties.
“The Deputy District Attorneys Association’s concern over striking enhancements is inconsistent with their decades-long silence when former district attorneys often dismissed enhancements and Three Strikes allegations in the interests of justice,” they said. “That the association now claims the practice to be unlawful is more reflective of their longstanding opposition to reform and the will of millions of Angelenos than it is the legality of DA Gascón’s directives.”
In a phone interview, Gil Garcetti — LA County’s DA from 1992 to 2000 — said he understands why Gascón’s reforms are being met with opposition. He said that he met with newly hired prosecutors and answered their questions but also laid down how he wanted the office run.
“I had to let them know that I am the elected DA and I am the only one who has been elected,” Garcetti said. “These are the things I have told the public I want to do.”
One policy he instituted while in office was following through on charges in domestic abuse cases, even if a victim recanted and refused to testify. Prosecutors, judges and police welcomed when a victim got cold feet and made up with their abuser, because that meant the case would be thrown out, Garcetti said.
There was pushback to his efforts to pursue those cases, but Garcetti said he believes prosecutors should uphold justice and break the chain of domestic violence so children don’t think that violence is part of every home life.
“My responsibility was one to the victim, and the children in that family. They’re the ones who mimic the mother and there was great reluctance in the office,” Garcetti said. “That’s what George is going through. It takes some time, but he’s malleable to change policies for the better.”
And Miriam Krinsky, executive director of Fair and Just Prosecution — a network of reform-minded prosecutors — said that while the prosecutors might view Gascón’s reforms as radical, those are exactly the policies that put him in office.
Krinsky, a former federal prosecutor in LA, said the criminal justice system has wasted billions of dollars to incarcerate people for decades rather than invest in prevention programs and provide positive support in communities most impacted by aggressive policing.
“We spent a lot of money and destroyed a lot of communities and didn’t make our communities safer in the process,” Krinsky said in a phone interview. “Not everyone is going to like it, but at the end of the day we’ll all be better off.”