courthousenews--2020-06-25--Spurred by Protests, Oregon Lawmakers Convene Special Legislative Session

SALEM , Ore. ( CN ) – Lawmakers in Oregon advanced police accountability bills in a special session that kicked off Wednesday due in large part to pressure from nightly protests in Portland and across the state demanding an end to police violence .
The state ’ s House of Representatives introduced bills Wednesday to ban police use of chokeholds , tear gas and acoustic weapons , require cops to step in if they see another officer using excessive force , create a state database of officer disciplinary actions and require investigations by the Oregon Department of Justice in cases @ @ @ @ @ @ @ .
And in the Senate , lawmakers introduced a bill that would bar arbitrators from overruling firings and other disciplinary actions in cases of police misconduct .
Under current laws , Portland police fired for killing unarmed black people or found to have engaged in racist harassment have had their jobs reinstated by sympathetic arbitrators .
That was the situation in high-profile police abuse cases like the 2017 fatal police shooting of 17-year-old Quanice Hayes , and in an the aftermath of an infamous 1981 incident where two white Portland police officers admitted @ @ @ @ @ @ @ Barn , a popular black-owned restaurant .
Protests erupted , and the officers involved were fired .
But later , an arbitrator reinstated their jobs with back pay .
The restaurant ’ s owners , George and Geraldine Powe , sued the police , saying they were afraid for their safety as officers continued to harass them .
They asked for $ 3.8 million and an injunction banning police policies and practices of racial discrimination and harassment .
They wanted a plan to force the bureau to adopt training and police oversight .
@ @ @ @ @ @ @ of $ 64,000 .
In the lead up to the special legislative session that kicked off Wednesday , police unions said the bill gave too much power to cities , while police accountability groups said it didn ’ t take enough power away from arbitrators .
Oregon Gov .
Kate Brown ’ s order requiring the use of face masks indoors took effect Wednesday .
Senate Leader Peter Courtney requested that members follow the order , but told press he wasn ’ t sure he could enforce the order in the Capitol .
@ @ @ @ @ @ @ was a marathon , running from 8 a.m. into the evening .
The Capitol was closed to the public due to Covid-19 , with some legislators attending hearings from home , and those who attended in person wearing face masks and staying six feet apart .
Except for two Republican senators – Brian Boquist and Dennis Linthicum – who attended sans mask .
In the House , a bill was introduced and voted onto the floor Wednesday that would extend the governor ’ s moratorium on evictions during the Covid-19 pandemic .
Another @ @ @ @ @ @ @ of federal actions .
And the Senate passed out of committee a bill that would make into law an agreement on aerial spraying hammered out between environmentalists and timber companies .
The Legislature is set to reconvene Thursday , with the special session continuing at least until the end of the week .

Lawmakers in Oregon advanced police accountability bills in a special session that kicked off Wednesday due in large part to pressure from nightly protests in Portland and across the state demanding an end to police violence.
SALEM, Ore. (CN) — Lawmakers in Oregon advanced police accountability bills in a special session that kicked off Wednesday due in large part to pressure from nightly protests in Portland and across the state demanding an end to police violence.
The state’s House of Representatives introduced bills Wednesday to ban police use of chokeholds, tear gas and acoustic weapons, require cops to step in if they see another officer using excessive force, create a state database of officer disciplinary actions and require investigations by the Oregon Department of Justice in cases where police kill or seriously injure people.
And in the Senate, lawmakers introduced a bill that would bar arbitrators from overruling firings and other disciplinary actions in cases of police misconduct. Under current laws, Portland police fired for killing unarmed black people or found to have engaged in racist harassment have had their jobs reinstated by sympathetic arbitrators.
That was the situation in high-profile police abuse cases like the 2017 fatal police shooting of 17-year-old Quanice Hayes, and in an the aftermath of an infamous 1981 incident where two white Portland police officers admitted to leaving dead possums outside the Burger Barn, a popular black-owned restaurant.
Protests erupted, and the officers involved were fired. But later, an arbitrator reinstated their jobs with back pay.
The restaurant’s owners, George and Geraldine Powe, sued the police, saying they were afraid for their safety as officers continued to harass them. They asked for $3.8 million and an injunction banning police policies and practices of racial discrimination and harassment. They wanted a plan to force the bureau to adopt training and police oversight. They ended up agreeing to a settlement of $64,000.
In the lead up to the special legislative session that kicked off Wednesday, police unions said the bill gave too much power to cities, while police accountability groups said it didn’t take enough power away from arbitrators.
Oregon Gov. Kate Brown’s order requiring the use of face masks indoors took effect Wednesday. Senate Leader Peter Courtney requested that members follow the order, but told press he wasn’t sure he could enforce the order in the Capitol.
The first day of the special session was a marathon, running from 8 a.m. into the evening. The Capitol was closed to the public due to Covid-19, with some legislators attending hearings from home, and those who attended in person wearing face masks and staying six feet apart. Except for two Republican senators – Brian Boquist and Dennis Linthicum – who attended sans mask.
In the House, a bill was introduced and voted onto the floor Wednesday that would extend the governor’s moratorium on evictions during the Covid-19 pandemic. Another would temporarily prevent foreclosures, in support of federal actions.
And the Senate passed out of committee a bill that would make into law an agreement on aerial spraying hammered out between environmentalists and timber companies.
The Legislature is set to reconvene Thursday, with the special session continuing at least until the end of the week.


courthousenews--2020-06-25--Democrats Plan to Hold Virtual Convention Amid Pandemic Concerns

( CN ) – Taking a much different approach than the GOP in light of Covid-19 concerns , the Democratic National Committee announced its plans for “ a convention across America ” anchored in Milwaukee from August 17-20 , 2020 .
Milwaukee will anchor the events for the week and programming will include both live broadcasts and curated content from Milwaukee and other satellite cities , locations and landmarks across the country .
The convention will culminate with Joe Biden officially accepting the party ’ s nomination to try and unseat President Donald Trump in the November election .
“ @ @ @ @ @ @ @ his party ’ s nomination in Milwaukee and take the next step forward towards making Donald Trump a one-term president , ” said Biden ’ s campaign manager Jen O ’ Malley Dillon in a statement .
Dillon said the Biden campaign is committed to highlighting Wisconsin as a battleground state .
“ This will be a convention for all Americans who wish to join our mission to win the battle for the soul of this nation and build a fairer , more united country for us all , ” Dillon said .
@ @ @ @ @ @ @ the convention , through multiple formats , will also celebrate the promise of America by featuring the people and their stories that represent the strength and collective humanity of our nation and demonstrate that Biden is the leader the country needs right now .
Planners are currently developing new ways to organize and engage online with voters and later this week will launch the first of a series of engagement campaigns that will allow Americans across the country to share their ideas and add their voice to convention programming .
The convention will @ @ @ @ @ @ @ by nine-time Emmy award winner Ricky Kirshner , who has worked on every Democratic National Convention since 1992 .
U.S. Representative Bennie Thompson will serve as permanent chair of the 2020 Democratic National Convention .
The convention will follow robust health protocols designed to keep attendees from catching Covid-19 .
Nationally renowned epidemiologists and infectious disease experts Dr. W. Ian Lipkin and Dr. Larry Brilliant will attend to help advise on efforts to protect the health and safety of convention staff , attendees and the people of Wisconsin .
Dr. Lipkin , Director @ @ @ @ @ @ @ at Columbia University , is an expert in diagnostic testing and collaborated with the WHO on coronavirus outbreak control for SARS , MERS , and COVID-19 .
Dr .
Brilliant , a former professor of epidemiology , is best known for his work on the successful eradication of smallpox .
Planners also announced that after consulting with public health officials about the COVID-19 pandemic , they have determined state delegations should not plan to travel to Milwaukee and should plan to conduct their official convention business remotely .
A process is being developed @ @ @ @ @ @ @ votes on all convention matters in a remote manner .
DNC standing committee meetings will take place virtually as well , with the meetings tentatively set for the last week of July .
With fewer physical attendees , all convention proceedings will move from Fiserv Forum to the Wisconsin Center and specifics regarding delegation representation on the convention floor will be provided after public health officials complete their assessment of the trajectory and impact of the coronavirus pandemic to determine how many can safely gather later this summer .
The DNC also cancelled @ @ @ @ @ @ @ conventions .
These events attracted thousands of people and planners didn ’ t want to expose the public to unnecessary health risks .
The precautions starkly contrast to the Republican National Convention , which is set for Aug. 24-27 in Jacksonville , Florida .
The location was moved from Charlotte , North Carolina at the last minute after the state ’ s Democratic Gov .
Roy Cooper refused to guarantee that it would be held without size restrictions .
Trump and the GOP ’ s decision to move the RNC without substantial Covid-19 @ @ @ @ @ @ @ the surge of cases in the panhandle state since May .
Florida topped the 100,000 mark in confirmed cases on Monday .
Trump , in particular , has refused to wear a mask while making public appearances and at a rally in Tulsa , Oklahoma , on Saturday said that he told his health officials to hold back on testing for Covid-19 to keep the infection numbers down .
The United States has more than 2.336 million confirmed cases of Covid-19 with more than 121,000 deaths since Jan. 1 , according to the @ @ @ @ @ @ @ In the last seven days , the country has averaged around 30,000 new cases a day with a single day record 34,313 set on Tuesday .
DNC chair Tom Perez blasted the Trump Administration ’ s decision to hold a traditional convention considering the infection numbers .
“ Leadership means being able to adapt to any situation , ” Perez said in a statement .
“ That ’ s exactly what we ’ ve done with our convention .
Unlike this president , Joe Biden and Democrats are committed to protecting the health @ @ @ @ @ @ @ ”

Taking a much different approach than the GOP in light of Covid-19 concerns, the Democratic National Committee announced its plans for “a convention across America” anchored in Milwaukee from August 17-20, 2020.
(CN) — Taking a much different approach than the GOP in light of Covid-19 concerns, the Democratic National Committee announced its plans for “a convention across America” anchored in Milwaukee from August 17–20.
Milwaukee will anchor the events for the week and programming will include both live broadcasts and curated content from Milwaukee and other satellite cities, locations and landmarks across the country.
The convention will culminate with Joe Biden officially accepting the party’s nomination to try and unseat President Donald Trump in the November election.
“Vice President Biden intends to proudly accept his party’s nomination in Milwaukee and take the next step forward towards making Donald Trump a one-term president,” said Biden's campaign manager Jen O’Malley Dillon in a statement.
Dillon said the Biden campaign is committed to highlighting Wisconsin as a battleground state.
“This will be a convention for all Americans who wish to join our mission to win the battle for the soul of this nation and build a fairer, more united country for us all,” Dillon said.
Aside from nominating Biden, organizers say the convention, through multiple formats, will also celebrate the promise of America by featuring the people and their stories that represent the strength and collective humanity of our nation and demonstrate that Biden is the leader the country needs right now.
Planners are currently developing new ways to organize and engage online with voters and later this week will launch the first of a series of engagement campaigns that will allow Americans across the country to share their ideas and add their voice to convention programming.
The convention will have four nights of programming, produced by nine-time Emmy award winner Ricky Kirshner, who has worked on every Democratic National Convention since 1992.
U.S. Representative Bennie Thompson will serve as permanent chair of the 2020 Democratic National Convention.
The convention will follow robust health protocols designed to keep attendees from catching Covid-19. Nationally renowned epidemiologists and infectious disease experts Dr. W. Ian Lipkin and Dr. Larry Brilliant will attend to help advise on efforts to protect the health and safety of convention staff, attendees and the people of Wisconsin.
Dr. Lipkin, Director of the Center for Infection and Immunity at Columbia University, is an expert in diagnostic testing and collaborated with the WHO on coronavirus outbreak control for SARS, MERS, and COVID-19. Dr. Brilliant, a former professor of epidemiology, is best known for his work on the successful eradication of smallpox.
Planners also announced that after consulting with public health officials about the COVID-19 pandemic, they have determined state delegations should not plan to travel to Milwaukee and should plan to conduct their official convention business remotely. A process is being developed to ensure all delegates can cast their votes on all convention matters in a remote manner.
DNC standing committee meetings will take place virtually as well, with the meetings tentatively set for the last week of July.
With fewer physical attendees, all convention proceedings will move from Fiserv Forum to the Wisconsin Center and specifics regarding delegation representation on the convention floor will be provided after public health officials complete their assessment of the trajectory and impact of the coronavirus pandemic to determine how many can safely gather later this summer.
The DNC also cancelled all auxiliary events that came with previous conventions. These events attracted thousands of people and planners didn’t want to expose the public to unnecessary health risks.
The precautions starkly contrast to the Republican National Convention, which is set for Aug. 24–27 in Jacksonville, Florida. The location was moved from Charlotte, North Carolina, at the last minute after the state’s Democratic Governor Roy Cooper refused to guarantee that it would be held without size restrictions.
Trump and the GOP’s decision to move the Republican convention without substantial Covid-19 precautions to Florida has been criticized given the surge of cases in the panhandle state since May. Florida topped the 100,000 mark in confirmed cases on Monday.
Trump, in particular, has refused to wear a mask while making public appearances and at a rally in Tulsa, Oklahoma, on Saturday said that he told his health officials to hold back on testing for Covid-19 to keep the infection numbers down.
The United States has more than 2.336 million confirmed cases of Covid-19 with more than 121,000 deaths since Jan. 1, according to the Centers for Disease Control and Prevention. In the last seven days, the country has averaged around 30,000 new cases a day with a single day record 34,313 set on Tuesday.
DNC chair Tom Perez blasted the Trump administration’s decision to hold a traditional convention considering the infection numbers.
“Leadership means being able to adapt to any situation,” Perez said in a statement. “That’s exactly what we’ve done with our convention. Unlike this president, Joe Biden and Democrats are committed to protecting the health and safety of the American people.”


courthousenews--2020-06-25--Julian Assange Accused of Recruiting Hackers in New Indictment

( CN ) — A new Justice Department indictment filed Wednesday claims WikiLeaks founder Julian Assange tried to recruit hackers at conferences in Europe and Asia to give him classified information and military secrets .
The DOJ charged Assange last year with 18 counts of obtaining and disclosing national secrets for his alleged complicity in former Army intelligence analyst Chelsea Manning ’ s leak of classified U.S. military documents .
He was accused of soliciting classified information , aiding and abetting Manning ’ s efforts to leak the documents and publishing un-redacted files that revealed alleged human intelligence sources in @ @ @ @ @ @ @ Assange is currently in a U.K. prison awaiting extradition to the U.S. , after his arrest in 2019 following an eviction from the Ecuadorian Embassy in London where he had been holed up on a claim of diplomatic asylum since 2012 .
The latest indictment does not add any new charges to the 18 counts , the DOJ says , adding , “ It does , however , broaden the scope of the conspiracy surrounding alleged computer intrusions with which Assange was previously charged.
” The new indictment claims Assange spoke at hacking @ @ @ @ @ @ @ 2009 , where he allegedly sought to solicit hackers to steal information and send it to the “ Most Wanted Leaks ” list posted on the WikiLeaks site .
“ I was a famous teenage hacker in Australia , and I ’ ve been reading emails since I was 17 , ” the charging document says , allegedly telling potential hacker recruits that they would have no legal liability for sending him classified information unless they were an active member of the U.S. military .
He also allegedly urged hackers at a 2010 @ @ @ @ @ @ @ secrets , and also in 2010 , gained unauthorized access to an unidentified NATO country ’ s computer system .
The government claims he made contact in 2012 with the head of the hacking group LulzSec , by then cooperating with the FBI , and allegedly gave them a list of targets to hack .
Assange faces a maximum penalty of 5 years in prison for conspiracy to commit computer intrusion and 10 years maximum for each of the other counts .

A new Justice Department indictment filed Wednesday claims WikiLeaks founder Julian Assange tried to recruit hackers at conferences in Europe and Asia to give him classified information and military secrets.
(CN) — A new Justice Department indictment filed Wednesday claims WikiLeaks founder Julian Assange tried to recruit hackers at conferences in Europe and Asia to give him classified information and military secrets.
The DOJ charged Assange last year with 18 counts of obtaining and disclosing national secrets for his alleged complicity in former Army intelligence analyst Chelsea Manning’s leak of classified U.S. military documents.
He was accused of soliciting classified information, aiding and abetting Manning’s efforts to leak the documents and publishing un-redacted files that revealed alleged human intelligence sources in war zones under the Espionage Act.
Assange is currently in a U.K. prison awaiting extradition to the U.S., after his arrest in 2019 following an eviction from the Ecuadorian Embassy in London where he had been holed up on a claim of diplomatic asylum since 2012.
The latest indictment does not add any new charges to the 18 counts, the DOJ says, adding, “It does, however, broaden the scope of the conspiracy surrounding alleged computer intrusions with which Assange was previously charged.”
The new indictment claims Assange spoke at hacking conferences in Malaysia and the Netherlands in 2009, where he allegedly sought to solicit hackers to steal information and send it to the “Most Wanted Leaks” list posted on the WikiLeaks site.
“I was a famous teenage hacker in Australia, and I’ve been reading emails since I was 17,” the charging document says, allegedly telling potential hacker recruits that they would have no legal liability for sending him classified information unless they were an active member of the U.S. military.
He also allegedly urged hackers at a 2010 conference in New York to leak military secrets, and also in 2010, gained unauthorized access to an unidentified NATO country’s computer system.
The government claims he made contact in 2012 with the head of the hacking group LulzSec, by then cooperating with the FBI, and allegedly gave them a list of targets to hack.
Assange faces a maximum penalty of 5 years in prison for conspiracy to commit computer intrusion and 10 years maximum for each of the other counts.


courthousenews--2020-06-25--Federal Judge Rules Kentucky’s Mass Gathering Ban Unconstitutional

FRANKFORT , Ky. ( CN ) – Restrictions on mass gatherings put in place by Governor Andy Beshear in response to the Covid-19 pandemic are unconstitutional , a federal judge ruled on Wednesday .
U.S. District Judge Gregory Van Tatenhove ruled that the restrictions enacted in the wake of the Covid-19 pandemic that limit the number of people who can gather are too broad and wrote that “ the Governor has gone too far here.
” “ Plaintiffs do not dispute that the Governor has a significant interest in protecting Kentuckians from Covid-19 .
They simply argue the Governor has @ @ @ @ @ @ @ that interest .
Based upon the record before it , the Court agrees , ” Van Tatenhove wrote in his 24-page ruling .
The original lawsuit was filed by four Kentucky residents , in advance of a planned May 23 protest , and sought to challenge the state ’ s restrictions on mass gatherings .
In that ruling , Van Tatenhove rejected the plaintiffs ’ motion for an injunction because Beshear said he would not enforce the order against the protesters .
The case then proceeded to the Sixth Circuit , which found @ @ @ @ @ @ @ a “ drive-in ” or “ drive-through ” affair , but the panel did not rule regarding the legality of in-person protesting and the state ’ s restrictions .
The Sixth Circuit ’ s ruling landed the case back in the lap of Van Tatenhove , who this time found the restrictions unconstitutional , a welcome ruling for the plaintiffs ’ lawyer Christopher Wiest .
“ Protesting is a fundamental right , and as recent events have shown , a right in a free society to express dissent and affect change , whether @ @ @ @ @ @ @ for racial justice in policing , or even protesting the failure to keep a promise on unemployment , ” Wiest said in a statement to Courthouse News .
“ Free speech and protests , like freedom of religion in church services , can not be relegated to third class status in public health orders , even in a pandemic.
” The ban currently limits mass gatherings of more than 10 people , which will expand to 50 people on June 29 .
This easing of restrictions will allow restaurants and bars to open @ @ @ @ @ @ @ has been a long road dealing with this virus .
But by following medical guidelines , we have gone from a time when our cases were doubling every week , to a point where we are safely beginning to reopen businesses and our economy , ” Beshear said during a conference on Monday .
With some states seeing a rise in Covid-19 cases in the past few days , Kentucky has seen a total of 511 infections so far this week .
The very real threat of the pandemic was not absent from @ @ @ @ @ @ @ If you think about it , the very nature of a pandemic threatens our liberty in every conceivable way .
A perfect response would require everyone to stay put and limit contact with everyone else .
But that is not the world we live in , ” he wrote .
“ Policy makers are necessarily balancing interests .
And courts should give them deference to do this difficult and important task .
While that deference may be robust in a time of crisis it is not absolute.
” Beshear ’ s office did @ @ @ @ @ @ @ comment .

Restrictions on mass gatherings put in place by Governor Andy Beshear in response to the Covid-19 pandemic are unconstitutional, a federal judge ruled on Wednesday.
FRANKFORT, Ky. (CN) — Restrictions on mass gatherings put in place by Governor Andy Beshear in response to the Covid-19 pandemic are unconstitutional, a federal judge ruled on Wednesday.
U.S. District Judge Gregory Van Tatenhove ruled that the restrictions enacted in the wake of the Covid-19 pandemic that limit the number of people who can gather are too broad and wrote that “the Governor has gone too far here.”
“Plaintiffs do not dispute that the Governor has a significant interest in protecting Kentuckians from Covid-19. They simply argue the Governor has gone too far in his pursuit of that interest. Based upon the record before it, the Court agrees,” Van Tatenhove wrote in his 24-page ruling.
The original lawsuit was filed by four Kentucky residents, in advance of a planned May 23 protest, and sought to challenge the state’s restrictions on mass gatherings. In that ruling, Van Tatenhove rejected the plaintiffs' motion for an injunction because Beshear said he would not enforce the order against the protesters.
The case then proceeded to the Sixth Circuit, which found that the protest could be held as a “drive-in” or “drive-through” affair, but the panel did not rule regarding the legality of in-person protesting and the state’s restrictions.
The Sixth Circuit’s ruling landed the case back in the lap of Van Tatenhove, who this time found the restrictions unconstitutional, a welcome ruling for the plaintiffs’ lawyer Christopher Wiest.
“Protesting is a fundamental right, and as recent events have shown, a right in a free society to express dissent and affect change, whether it is protests about lockdown orders, for racial justice in policing, or even protesting the failure to keep a promise on unemployment," Wiest said in a statement to Courthouse News. "Free speech and protests, like freedom of religion in church services, cannot be relegated to third class status in public health orders, even in a pandemic.”
The ban currently limits mass gatherings of more than 10 people, which will expand to 50 people on June 29. This easing of restrictions will allow restaurants and bars to open to 50% capacity.
“It has been a long road dealing with this virus. But by following medical guidelines, we have gone from a time when our cases were doubling every week, to a point where we are safely beginning to reopen businesses and our economy,” Beshear said during a conference on Monday.
With some states seeing a rise in Covid-19 cases in the past few days, Kentucky has seen a total of 511 infections so far this week.
The very real threat of the pandemic was not absent from Van Tatenhove’s ruling.
“If you think about it, the very nature of a pandemic threatens our liberty in every conceivable way. A perfect response would require everyone to stay put and limit contact with everyone else. But that is not the world we live in,” he wrote. “Policy makers are necessarily balancing interests. And courts should give them deference to do this difficult and important task. While that deference may be robust in a time of crisis it is not absolute.”
Beshear's office did not immediately respond to a request for comment.


Rat Liability

SAN DIEGO — Petco was not liable on product liability grounds for the death of a boy who contracted a @ @ @ @ @ live rat that his grandmother purchased for him as a pet , an appeals court @ @ @ @ @ “ unmodified rat ” is not a “ designed product .
”

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.


courthousenews--2020-06-25--Minnesota Sues Oil Giants Over Climate Change Effects

ST. PAUL , Minn. ( CN ) — Minnesota has joined a growing group of states suing oil-industry titans for deceiving the public about their contributions to climate change in sweeping fraud cases .
Minnesota Attorney General Keith Ellison announced Wednesday he filed a complaint in state court accusing ExxonMobil , Koch Industries , Flint Hills Resources and the American Petroleum Institute of consumer fraud , failure to warn , deceptive trade practices , fraud and false advertising .
The companies had deliberately concealed the fact that growing fossil-fuel use was contributing to climate change despite knowing about it at @ @ @ @ @ @ @ according to a 2017 study .
That deception , the complaint said , has already impacted Minnesota through drought , flooding and crop failures attributed to climate change , even as the companies launched lobbying and public relations campaigns denying its “ potentially catastrophic consequences , ” including one suggesting that higher levels of CO2 could be the solution for world hunger .
“ Impacts from climate change hurt our low-income residents and communities of color first and worst .
The impacts on farmers in our agricultural state are widespread as well , @ @ @ @ @ @ @ “ Holding these companies accountable for the climate deception they ’ ve spread and continue to spread is essential to helping families to afford their lives and live with dignity and respect.
” The complaint asked that the companies be required to disgorge their profits and fund a public education campaign on climate change – this one administered by an independent third party .
It also sought damages that could reach $ 25,000 per violation of state law .
It detailed a variety of internal documents discussing what it called a “ campaign @ @ @ @ @ @ @ a variety of organizations formed or funded by the companies to minimize the dangers climate change posed .
Those included a 1991 effort to “ reposition global warming as theory ( not fact ) , ” an API vice president ’ s 1997 assertion that “ climate scientists don ’ t say that burning oil , gas and coal is steadily warming the earth , ” and public statements as late as 2018 saying that “ current scientific understanding provides limited guidance on the likelihood , magnitude or time frame of these events @ @ @ @ @ @ @ own predictions that climate change would have catastrophic effects by 2050 .
ExxonMobil spokesman Casey Norton called the litigation “ baseless and without merit ” in an email .
“ Legal proceedings like this waste millions of dollars of taxpayer money and do nothing to advance meaningful actions that reduce the risks of climate change , ” he wrote .
“ A Texas court recently referred [ to ] this type of litigation as ‘ Lawfare ’ – an ugly tool that abuses the legal system to seek environmental policy change.
” Norton @ @ @ @ @ @ @ of a New York securities suit .
Ellison ’ s lawsuit is the latest in a steady stream of litigation by states and municipalities attempting to hold fossil-fuel companies and lobbyists liable for climate change .
The states of New York , Massachusetts and Rhode Island have all sued oil giants for fraud , though not on the same charges as Ellison ’ s suit .
The New York case was dismissed , but the state is awaiting a ruling on its appeal to the Second Circuit .
Lawsuits by the cities of @ @ @ @ @ @ @ fuel companies cover the costs of seawalls and other projects mitigating climate change ’ s effects were recently resurrected by the Ninth Circuit after being dismissed by a federal judge in 2018 .
A securities-fraud case against ExxonMobil in New York was also dismissed in 2019 when a judge found that while ExxonMobil was not absolved of liability for climate change , its actions didn ’ t constitute securities fraud .
Ellison ’ s case was filed in Ramsey County District Court in the state capital of St. Paul .
Temperatures in St. @ @ @ @ @ @ @ have risen by 3.2 degrees in the last six decades , the complaint said , putting it ahead of national and global rates of increase .
The state ’ s notoriously frigid winter temperatures , Ellison added , have been warming at a rate 13 times faster than its summers .
The state had just short of 60 deaths attributed to heat exposure between 2000 and 2017 , and its staple crop of corn can be damaged irreparably if temperatures rise above 95 degrees .
“ We are spending our time fighting a @ @ @ @ @ @ @ for ourselves and future generations because corporations like Exxon knew the impacts of climate change , but continued to deceive the public for decades , ” student climate activist Juwaria Jama said in Ellison ’ s statement .
“ Exxon chose profit over people .
It ’ s time they ’ re held accountable .
”

Minnesota has joined a growing group of states suing oil-industry titans for deceiving the public about their contributions to climate change in sweeping fraud cases.
ST. PAUL, Minn. (CN) — Minnesota has joined a growing group of states suing oil industry titans for deceiving the public about their contributions to climate change in sweeping fraud cases.
Minnesota Attorney General Keith Ellison announced Wednesday he filed a complaint in state court accusing ExxonMobil, Koch Industries, Flint Hills Resources and the American Petroleum Institute of consumer fraud, failure to warn, deceptive trade practices, fraud and false advertising.
The companies had deliberately concealed the fact that growing fossil-fuel use was contributing to climate change despite knowing about it at least as early as the 1980s, according to a 2017 study.
That deception, the complaint said, has already impacted Minnesota through drought, flooding and crop failures attributed to climate change, even as the companies launched lobbying and public relations campaigns denying its “potentially catastrophic consequences,” including one suggesting that higher levels of CO2 could be the solution for world hunger.
“Impacts from climate change hurt our low-income residents and communities of color first and worst. The impacts on farmers in our agricultural state are widespread as well,” Ellison said in a statement. “Holding these companies accountable for the climate deception they’ve spread and continue to spread is essential to helping families to afford their lives and live with dignity and respect.”
The complaint asked that the companies be required to disgorge their profits and fund a public education campaign on climate change - this one administered by an independent third party. It also sought damages that could reach $25,000 per violation of state law.
It detailed a variety of internal documents discussing what it called a “campaign of deception and half-truths,” involving a variety of organizations formed or funded by the companies to minimize the dangers climate change posed.
Those included a 1991 effort to “reposition global warming as theory (not fact),” an API vice president’s 1997 assertion that “climate scientists don’t say that burning oil, gas and coal is steadily warming the earth,” and public statements as late as 2018 saying that “current scientific understanding provides limited guidance on the likelihood, magnitude or time frame of these events,” despite the company’s own predictions that climate change would have catastrophic effects by 2050.
ExxonMobil spokesman Casey Norton called the litigation “baseless and without merit” in an email.
“Legal proceedings like this waste millions of dollars of taxpayer money and do nothing to advance meaningful actions that reduce the risks of climate change,” he wrote. “A Texas court recently referred [to] this type of litigation as ‘Lawfare’ - an ugly tool that abuses the legal system to seek environmental policy change.”
Norton made a similar statement in the aftermath of a New York securities suit.
Ellison’s lawsuit is the latest in a steady stream of litigation by states and municipalities attempting to hold fossil-fuel companies and lobbyists liable for climate change. The states of New York, Massachusetts and Rhode Island have all sued oil giants for fraud, though not on the same charges as Ellison’s suit. The New York case was dismissed, but the state is awaiting a ruling on its appeal to the Second Circuit.
Lawsuits by the cities of San Francisco and Oakland demanding that fossil fuel companies cover the costs of seawalls and other projects mitigating climate change’s effects were recently resurrected by the Ninth Circuit after being dismissed by a federal judge in 2018.
A securities fraud case against ExxonMobil in New York was also dismissed in 2019 when a judge found that while ExxonMobil was not absolved of liability for climate change, its actions didn’t constitute securities fraud.
Ellison’s case was filed in Ramsey County District Court in the state capital of St. Paul.
Temperatures in St. Paul and its twin city of Minneapolis have risen by 3.2 degrees in the last six decades, the complaint said, putting it ahead of national and global rates of increase. The state’s notoriously frigid winter temperatures, Ellison added, have been warming at a rate 13 times faster than its summers.
The state had just short of 60 deaths attributed to heat exposure between 2000 and 2017, and its staple crop of corn can be damaged irreparably if temperatures rise above 95 degrees.
“We are spending our time fighting a last-minute battle to preserve a livable world for ourselves and future generations because corporations like Exxon knew the impacts of climate change, but continued to deceive the public for decades,” student climate activist Juwaria Jama said in Ellison’s statement. “Exxon chose profit over people. It’s time they’re held accountable.”


Cruel and Unusual

BATON ROUGE — A federal court in Louisiana ordered a former correctional officer to pay two inmates $ 7,500 each @ @ @ @ @ Eighth Amendment rights .
The inmates sustained burns and scars after the officer poured hot @ @ @ @


Asylum Request

NEW YORK — The Board of Immigration Appeals failed to account for evidence of changed country conditions when it declined @ @ @ @ @ for two practicing Catholics from Indonesia who overstayed their non-immigrant visas in the U.S , @ @ @ @ @ The two offered sufficient proof of the rise of hardline non-Muslim sentiment and persecution of @ @ @ @ @


courthousenews--2020-06-25--Devin Nunes Can’t Sue Twitter Over Fake Cow Account

RICHMOND , Va. ( CN ) — Social media giant Twitter has been dismissed from a defamation dispute filed by Republican Congressman Devin Nunes , pushing the outspoken conservative ’ s hopes of exposing anonymous Twitter accounts even further out of reach .
Nunes , CA-22 , first filed the lawsuit — one of six defamation claims in courts around the country — early last year .
And while other parties remain in the case , including a Republican strategist , Nunes , through his Charlottesville-based lawyer Stephen Biss , made quite clear their hope was to find out who @ @ @ @ @ @ @ .
The opinion , released Wednesday afternoon and written by Henrico County Judge John Marshall , points to Section 230 of the Communications Decency Act .
Passed by Congress in 1996 , the federal law says online platforms can not be held liable for the content users post while also empowering them to moderate content as needed .
In his 4-page opinion , Marshall said the law granted Twitter the protection it had long claimed it was granted .
“ The court must look to [ section 230 ] and the caselaw interpreting @ @ @ @ @ @ @ allegations to determine if Twitter has immunity , ” he wrote .
“ Plaintiff seeks to have the court treat Twitter as a publisher or speaker of the content… .
the court refuses to do so.
” Marshall pointed to two cases used by Twitter ’ s lawyer , Patrick Carome of DC-based Wilmer Hale , during oral arguments held just under two weeks ago , Zeran and Nemet , as the basis for his decision .
Paul Allen Levy , an attorney with the public interest litigation group Public Citizen , said @ @ @ @ @ @ @ to use these cases as precedent .
“ It points the way for other trial judges faced with this sort of problem ; letting section 230 to work as intended , protecting entities like Twitter from the burdens of having to litigate what is plainly a situation in which it ’ s going to be immune , ” said Levy in an interview .
Twitter was joined by two anonymous user ’ s accounts as defendants , one claiming to be one of Nunes ’ cows and the other his mother .
While @ @ @ @ @ @ @ face criminal defamation charges for the comments they made against the elected official , he needed Twitter to stay on as a defendant to reach the possible , albeit unlikely , goal of getting them revealed .
Now , with the company in the clear , Levy says that unmasking will be nearly impossible .
Nunes would have to file additional claims in Virginia , work through the state ’ s unmasking laws and then move the case back to California where both he and Twitter are based .
There he ’ d @ @ @ @ @ @ @ lawsuit against public participation law , which would almost assuredly dismiss the case , forcing him to pay staggering legal fees for the social media company .
“ We ’ re going to hear a lot of blather and complaints but we ’ re not going to see anything further , ” Levy predicted .
In an email a Twitter spokesperson hailed the judge ’ s decision .
“ Twitter enforces the Twitter Rules impartially for everyone who uses our service around the world , regardless of their background or political affiliation , @ @ @ @ @ @ @ constantly improving our efforts to serve the public conversation and will continue to be transparent with the public.
” Nunes did not respond to requests for comment by press time .
Nunes , an avid Twitter user with over 1 million followers , appears to have tweeted his intention to leave the platform since the opinion ’ s release .

Social media giant Twitter has been dismissed from a defamation dispute filed by Republican Congressman Devin Nunes, pushing the outspoken conservative’s hopes of exposing anonymous Twitter accounts even further out of reach.
RICHMOND, Va. (CN) — Social media giant Twitter has been dismissed from a defamation dispute filed by Republican Congressman Devin Nunes, pushing the outspoken conservative’s hopes of exposing anonymous Twitter accounts even further out of reach.
Nunes first filed the lawsuit — one of six defamation claims in courts around the country — early last year. And while other parties remain in the case, including a Republican strategist, Nunes, through his Charlottesville-based lawyer Stephen Biss, made quite clear their hope was to find out who tweets behind the mask of @DevinCow.
The opinion, released Wednesday afternoon and written by Henrico County Judge John Marshall, points to Section 230 of the Communications Decency Act. Passed by Congress in 1996, the federal law says online platforms cannot be held liable for the content users post while also empowering them to moderate content as needed.
In his 4-page opinion, Marshall said the law granted Twitter the protection it had long claimed it was granted.
“The court must look to [section 230] and the caselaw interpreting the act and analyze plaintiff's allegations to determine if Twitter has immunity,” he wrote. “Plaintiff seeks to have the court treat Twitter as a publisher or speaker of the content…. the court refuses to do so."
Marshall based his decision on Zeran and Nemet, two cases cited by Twitter’s lawyer, Patrick Carome of the Washington firm Wilmer Hale, during oral arguments held just under two weeks ago.
Paul Alan Levy, an attorney with the public interest litigation group Public Citizen, said it was important for a state judge to use these cases as precedent.
“It points the way for other trial judges faced with this sort of problem; letting Section 230 to work as intended, protecting entities like Twitter from the burdens of having to litigate what is plainly a situation in which it's going to be immune,” Levy said in an interview.
Twitter was joined by two anonymous user’s accounts as defendants, one claiming to be one of Nunes' cows and the other his mother. While Biss argued the two accounts could even face criminal defamation charges for the comments they made against the elected official, he needed Twitter to stay on as a defendant to reach the possible, albeit unlikely, goal of getting them revealed.
Now, with the company in the clear, Levy says that unmasking will be nearly impossible. Nunes would have to file additional claims in Virginia, work through the state’s unmasking laws and then move the case back to California where both he and Twitter are based. There he’d face a more powerful Anti-SLAPP, strategic lawsuit against public participation law, which would almost assuredly dismiss the case, forcing him to pay staggering legal fees for the unknown tweeters.
“We’re going to hear a lot of blather and complaints but we’re not going to see anything further,” Levy predicted.
In an email a Twitter spokesperson hailed the judge’s decision.
“Twitter enforces the Twitter Rules impartially for everyone who uses our service around the world, regardless of their background or political affiliation,” they said. “We are constantly improving our efforts to serve the public conversation and will continue to be transparent with the public.”
Nunes did not respond to requests for comment by press time.
An avid Twitter user with over 1 million followers, the California congressman appears to have tweeted his intention to leave the platform since the opinion’s release.


Absentee Voting

NASHVILLE , Tenn. — The Tennessee Supreme Court denied the state ’ s motion for a stay to block a @ @ @ @ @ comply with a June 4 order requiring it to make absentee voting available to all @ @ @ @ @ due to the Covid-19 pandemic .


courthousenews--2020-06-26--US Judge Slaps Virginia Clerks With $2 Million Fee Award in First Amendment Case

( CN ) — A federal judge in Virginia awarded $ 2 million in attorney fees against two Virginia court clerks on Wednesday in a First Amendment action brought by Courthouse News on behalf of the press corps .
The fee award came as the result of a verdict in favor of the press after a four-day trial in late January .
U.S. Judge Henry Coke Morgan Jr. in the Eastern District of Virginia ruled that the press has the right under the First Amendment to see new case filings on the day they are filed .
“ The First @ @ @ @ @ @ @ available contemporaneously with their filing .
Contemporaneously means the same day unless that ’ s not practicable , ” said the judge , ruling from the bench at the trial ’ s conclusion .
The defending clerks in Prince William and Norfolk had pushed journalists back behind a series of clerical tasks that included setting up a docket and scanning the filings .
Reporters were then directed to computer screens to view new cases a day or two after they crossed the counter .
Despite a series of federal rulings saying the practice @ @ @ @ @ @ @ , a large swath of state court clerks continue to withhold same-day access , relying on their powerful positions and the state ’ s money to fight off access requests by journalists .
At the same time , the federal courts and an ever-larger number of state courts now grant journalists access to new electronically filed matters , ahead of the tasks often lumped together as “ processing.
” That prompt access to new e-filings is in line with decades of tradition in the paper era .
“ Plaintiff , and other members @ @ @ @ @ @ @ historically enjoyed a tradition of court clerks making most newly filed civil complaints publicly available on the day that they are filed , ” said the judge in his written ruling .
He noted there the standard defense used by clerks who say that “ protecting confidential information outweigh the public ’ s First Amendment right to contemporaneous access.
” But the judge then swatted that defense away : “ The Court observes that under Virginia law , the filer is responsible for redacting confidential information.
” The court clerks of Virginia form @ @ @ @ @ @ @ organized as political agents and transformed into constitutional officers by Governor Harry Byrd , a former newspaper publisher who ran the Democratic machine in Virginia for four decades .
The current generation of courts clerks in Virginia banded together to fight the action by Courthouse News in a manner common among clerks in many states , as though the battle against press access were an existential struggle .
They fought with scorched-earth tactics , working in collusion with state Supreme Court administrative officials to withhold electronic evidence of delays .
The tactic necessitated @ @ @ @ @ @ @ deposition of an official in the state Supreme Court ’ s administrative office in order to extract the evidence .
During the trial , Judge Morgan called that defense tactic “ an exercise in obfuscation.
” The electronic evidence of delay was ultimately pivotal in the trial .
The case docket , a record of the various pleadings , hearings and rulings , ran to 120 entries .
Judge Morgan noted on Wednesday that , “ The defense counsel frequently mentioned the effect the case may have on the rest of the state @ @ @ @ @ @ @ in words that the Court used in another case , fought to the last ditch .
Which they did.
” As a result , lawyers for Courthouse News asked for $ 2.25 million in fees as the winning party .
Opposing them , lawyers for the clerks asked for a reduction of that amount by roughly two thirds .
“ CNS chose to hire lawyers from New York and D.C. but the defendants shouldn ’ t be responsible for paying for extrajurisdictional rates because CNS decided to retain Bryan Cave when they could @ @ @ @ @ @ @ William Prince Jr. on behalf of the clerks .
He said the law required only that the clerks pay local rates .
He also argued that Courthouse News failed to win an injunction , and should be docked for the time spent on that effort .
He said too much time was spent on the case , overall .
Representing Courthouse News , William Hibsher argued during a video hearing , “ CNS has become a surrogate for other press because it ’ s the press ’ s destination in recent years and @ @ @ @ @ @ @ media outlets known to extend the resources to address a constitutional violation that affects the press ’ s right to know.
” Arguing his points , Hibsher said that clerks had fought to the last breath , and the time spent by Courthouse News was brought on by their tactics .
“ At trial , the clerks ’ counsel stated that he was proud of the aggressive defense he provided , that he wore it as a badge of honor , ” Hibsher said to the judge .
“ That may be , @ @ @ @ @ @ @ case , a defendant can ’ t fight a case to its last breath and then complain that the too much time was spent on the case.
” When it came time to rule Wednesday afternoon , Judge Morgan agreed with the defense in saying he did not grant summary judgment to Courthouse News .
But he did narrow the issues at the summary judgment hearing in favor of the news service , and foreshadowed the clerks ’ defeat .
“ The Court , itself , reviewed all of the statistical information , @ @ @ @ @ @ @ but the Court reviewed all the statistical information , and it indicated that the defendants were fully capable of doing exactly what the case asked them to do , and , in fact , did it .
“ I don ’ t understand why evidence was presented that the clerk couldn ’ t do it when they , in fact , did it , which was clearly shown by the statistical evidence .
So the clerks did fight the case to the last ditch , and having done so , I don ’ @ @ @ @ @ @ @ legitimate claim that too much time was spent by counsel for the plaintiff in pursuing the case.
” Judge Morgan went to comment on the key issue of hourly rates , employing a local inflection that the parties became accustomed to during the trial .
“ I do think that the hourly rates charged by the plaintiff ’ s counsel are more than comparable hourly rates charged in this part of Virginia , ” he said .
“ They ’ re more like the hourly rates charged in Northern Virginia.
” However , @ @ @ @ @ @ @ and out-of-town rates was made up by the familiarity of Courthouse News lawyers with the factual and legal landscape , having fought similar battles many times before .
“ But I think the difference was made up by the fact that we had counsel who had tried the same case a number of times before , who was regular counsel for the plaintiff , understood the plaintiff ’ s operations very well , understood the operations of the local clerk ’ s offices very well through its own employees , ” said Morgan @ @ @ @ @ @ @ exception applies , as the Fourth Circuit said , when counsel is particularly familiar with the case , is regular counsel for the client , and when the amount of the fee has been paid in full.
” By the same logic , he found the amount billed for the attorney fee petition excessive .
“ I simply don ’ t understand why it should have been so much when it ’ s been done — virtually the same thing that has been done so many times before.
” So he reduced the @ @ @ @ @ @ @ from $ 135,000 to $ 50,000 .
He also reduced by 10 % the much larger amount sought for the trial and surrounding litigation , based on the fact that summary judgment was not achieved .
“ I don ’ t believe any reduction is appropriate in the costs sought , which is $ 232,559.83 .
So the Court will award $ 1,978,738.48 , ” Morgan ruled .
In line with their tactics during the trial , the clerks appealed the judge ’ s trial ruling , and declared their intention to now @ @ @ @ @ @ @ stayed enforcement of the fee award on condition the clerks post a bond .
The question has often been asked as to why so many state court clerks find it so important to deny First Amendment access that they fight with every possible excuse and tactic to the last ditch , the last breath and the last court .
Judges and lawyers have surmised that the clerks act as though they “ own ” the public documents .
Journalists have theorized that control of the documents , all the stamping and entering , @ @ @ @ @ @ @ clerks power , that makes them important .
“ So it seems to me that I have a question in my mind , what was the necessity or justification for taking the case to trial and going to the last ditch when the clerks were almost doing exactly what they were requested to do ?
” But he was unable to answer that question .
More stories and columns on the Virginia trial : E-Filing and the First Amendment * Matter of Choice * The Dicta : Guesswork About Press Access * Presumption @ @ @ @ @ @ @ * ‘ CNS ’ s View ’ Accurately Told * Access Solution : The E-Inbox * Access Law in the Electronic Age * Bread and News * Flip Side of Court Tech * First Amendment Right to See Court Documents on Day of Filing * Tradition of Same-Day Access * The News Cycle

A federal judge in Virginia awarded $2 million in attorney fees against two Virginia court clerks on Wednesday in a First Amendment case brought by Courthouse News. The fee award was the result of a ruling that said reporters are entitled under the Constitution to see new filings on the day they are filed where practicable.
(CN) — A federal judge in Virginia awarded $2 million in attorney fees against two Virginia court clerks on Wednesday in a First Amendment action brought by Courthouse News on behalf of the press corps.
The fee award came as the result of a verdict in favor of the press after a four-day trial in late January. U.S. Judge Henry Coke Morgan Jr. in the Eastern District of Virginia ruled that the press has the right under the First Amendment to see new case filings on the day they are filed.
“The First Amendment requires that such documents be made available contemporaneously with their filing. Contemporaneously means the same day unless that’s not practicable,” said the judge, ruling from the bench at the trial’s conclusion.
The defending clerks in Prince William and Norfolk had pushed journalists back behind a series of clerical tasks that included setting up a docket and scanning the filings. Reporters were then directed to computer screens to view new cases a day or two after they crossed the counter.
Despite a series of federal rulings saying the practice of delaying access violates the First Amendment, a large swath of state court clerks continue to withhold same-day access, relying on their powerful positions and the state’s money to fight off access requests by journalists.
At the same time, the federal courts and an ever-larger number of state courts now grant journalists access to new electronically filed matters, ahead of the tasks often lumped together as “processing.” That prompt access to new e-filings is in line with decades of tradition in the paper era.
“Plaintiff, and other members of the press and public, have historically enjoyed a tradition of court clerks making most newly filed civil complaints publicly available on the day that they are filed,” said the judge in his written ruling.
He noted there the standard defense used by clerks who say that “protecting confidential information outweigh the public’s First Amendment right to contemporaneous access.” But the judge then swatted that defense away: “The Court observes that under Virginia law, the filer is responsible for redacting confidential information.”
***
Read the Schaefer trial transcript: Volume 1 Volume 2 Volume 3 Volume 4
***
The court clerks of Virginia form a powerful political network. They were organized as political agents and transformed into constitutional officers by Governor Harry Byrd, a former newspaper publisher who ran the Democratic machine in Virginia for four decades.
The current generation of courts clerks in Virginia banded together to fight the action by Courthouse News in a manner common among clerks in many states, as though the battle against press access were an existential struggle. They fought with scorched-earth tactics, working in collusion with state Supreme Court's Office of the Executive Secretary to withhold electronic evidence of delays.
The tactic necessitated the extraordinary step of a subpoena and deposition of an official in the state Supreme Court’s administrative office in order to extract the evidence. During the trial, Judge Morgan called that defense tactic “an exercise in obfuscation.”
The electronic evidence of delay turned out to be pivotal in the trial. The case docket, a record of the various pleadings, hearings and rulings, ran to 120 entries.
Judge Morgan noted on Wednesday that, “The defense counsel frequently mentioned the effect the case may have on the rest of the state, which may explain why they, in words that the Court used in another case, fought to the last ditch. Which they did.”
But they lost.
As a result, lawyers for Courthouse News asked for $2.25 million in fees as the winning party. The news service was represented by William Hibsher, Heather Goldman and Bryan Harrison with Bryan Cave, and Conrad Shumadine with Willcox Savage.
Opposing them, and representing the Virginia clerks in Prince William and Fairfax were William Prince III and Michael Matheson of Thompson McMullan. They asked for a cut of two thirds.
“CNS chose to hire lawyers from New York and D.C. but the defendants shouldn't be responsible for paying for extrajurisdictional rates because CNS decided to retain Bryan Cave when they could have hired someone local,” argued Prince.
He said the law required only that the clerks pay local rates. He also argued that Courthouse News failed to win an injunction, and should be docked for the time spent on that effort. He said too much time was spent on the case, overall.
Representing Courthouse News, Hibsher argued during a video hearing, “CNS has become a surrogate for other press because it's the press's destination in recent years and Courthouse News is among the very few media outlets known to extend the resources to address a constitutional violation that affects the press's right to know.”
Arguing his points, Hibsher said that clerks had fought to the last breath, and the time spent by Courthouse News was brought on by their tactics.
“At trial, the clerks' counsel stated that he was proud of the aggressive defense he provided, that he wore it as a badge of honor,” Hibsher said to the judge. “That may be, but as Your Honor ruled in another case, a defendant can't fight a case to its last breath and then complain that too much time was spent on the case.”
When it came time to rule Wednesday afternoon, Judge Morgan agreed with the defense in saying he did not grant summary judgment to Courthouse News. But he did narrow the issues at the summary judgment hearing in favor of the news service, and foreshadowed the clerks’ defeat.
“The Court, itself, reviewed all of the statistical information, which apparently was difficult to obtain, but the Court reviewed all the statistical information, and it indicated that the defendants were fully capable of doing exactly what the case asked them to do, and, in fact, did it.
“I don't understand why evidence was presented that the clerk couldn't do it when they, in fact, did it, which was clearly shown by the statistical evidence. So the clerks did fight the case to the last ditch, and having done so, I don't think that they can make a legitimate claim that too much time was spent by counsel for the plaintiff in pursuing the case.”
Judge Morgan went to comment on the key issue of hourly rates, employing a local inflection that the parties became accustomed to during the trial. “I do think that the hourly rates charged by the plaintiff's counsel are more than comparable hourly rates charged in this part of Virginia,” he said. “They're more like the hourly rates charged in Northern Virginia.”
However, he said, the difference between local and out-of-town rates was made up by the familiarity of Courthouse News lawyers with the factual and legal landscape, having fought similar battles many times before.
“But I think the difference was made up by the fact that we had counsel who had tried the same case a number of times before, who was regular counsel for the plaintiff, understood the plaintiff's operations very well, understood the operations of the local clerk's offices very well through its own employees,” said Morgan. “So I think that an exception applies, as the Fourth Circuit said, when counsel is particularly familiar with the case, is regular counsel for the client, and when the amount of the fee has been paid in full.”
By the same logic, he found excessive the amount billed for the attorney fee petition. “I simply don't understand why it should have been so much when it's been done — virtually the same thing that has been done so many times before.”
So he reduced the amount sought for the attorney fee petition from $135,000 to $50,000. He also reduced by 10% the much larger amount sought for the trial and surrounding litigation, based on the fact that summary judgment was not achieved.
“I don't believe any reduction is appropriate in the costs sought, which is $232,559.83. So the Court will award $1,978,738.48,” Morgan ruled.
In line with their tactics during the trial, the clerks appealed the judge’s trial ruling, and declared their intention to now appeal the fee award. The judge stayed enforcement of the fee award on condition the clerks post a bond.
The question has often been asked as to why so many state court clerks find it so important to deny First Amendment access that they fight with every possible excuse and tactic to the last ditch, the last breath and the last court.
Judges and lawyers have surmised that the clerks act as though they “own” the public documents. Journalists have theorized that control of the documents, all the stamping and entering, is the very thing that gives the clerks power, that makes them important.
Judge Morgan also wondered.
“So it seems to me that I have a question in my mind, what was the necessity or justification for taking the case to trial and going to the last ditch when the clerks were almost doing exactly what they were requested to do?”
But he was unable to answer that question.
_____
More stories and columns on the Virginia trial:
E-Filing and the First Amendment * Matter of Choice * The Dicta: Guesswork About Press Access * Presumption and Fact: The Ask for Access * ‘CNS’s View’ Accurately Told * Access Solution: The E-Inbox * Access Law in the Electronic Age * Bread and News * Flip Side of Court Tech * First Amendment Right to See Court Documents on Day of Filing * Tradition of Same-Day Access * The News Cycle


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including Joe Biden holds strong leads in a half-dozen battleground states over President Donald Trump ; California air quality regulators are set to approve the nation ’ s first electric truck standards ; Texas and other states are grappling with a spike in Covid-19 cases , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday .
1 . )
Former Vice President Joe Biden holds strong @ @ @ @ @ @ @ President Donald Trump , according to a poll released Thursday which also shows the president is also hindering Republicans in crucial down-ballot races .
2 . )
A judge refused to block publication of a tell-all book from the president ’ s niece Mary Trump , ruling Thursday that the suit belongs in another court .
3 . )
Some 1.48 million Americans sought jobless benefits last week for the first time , joining the roughly 19.5 million people already getting benefits , the Department of Labor reported Thursday .
4 . )
@ @ @ @ @ @ @ the nation ’ s first electric truck standards Thursday , requiring over half the trucks sold by manufacturers in the state be zero-emission vehicles by 2035 — a rule that will impact air quality and greenhouse gas emissions beyond the Golden State ’ s borders .
5 . )
Texas ’ governor announced restrictions on elective surgeries Thursday and county officials in Fort Worth ordered face masks in local businesses , as the state grapples with a spike in Covid-19 cases after months of battling the pandemic .
6 . )
Blown west @ @ @ @ @ @ @ the world ’ s largest desert at 3 million square miles , clouds of Sahara dust are swirling in on their yearly sojourn to the Gulf Coast .
7 . )
An EU magistrate condemned Hungary ’ s refugee policies Thursday , detailing a system where immigrants are made to sleep in shipping containers on the border for months before while seeking asylum .
8 . )
For the second time , the European Union ’ s highest court on Thursday rejected a complaint from France that the European Parliament improperly held a @ @ @ @ @ @ @ .

Top eight CNS stories for today including Joe Biden holds strong leads in a half-dozen battleground states over President Donald Trump; California air quality regulators are set to approve the nation’s first electric truck standards; Texas and other states are grappling with a spike in Covid-19 cases, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Joe Biden holds strong leads in a half-dozen battleground states over President Donald Trump; California air quality regulators are set to approve the nation’s first electric truck standards; Texas and other states are grappling with a spike in Covid-19 cases, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) Former Vice President Joe Biden holds strong leads in a half-dozen battleground states over President Donald Trump, according to a poll released Thursday which also shows the president is also hindering Republicans in crucial down-ballot races.
Vice President Joe Biden and Presidet Donald Trump will vie for voters in November. (AP Photo/Patrick Semansky)
2.) A judge refused to block publication of a tell-all book from the president’s niece Mary Trump, ruling Thursday that the suit belongs in another court.
President Donald Trump speaks with veterans after a wreath placing ceremony at the Korean War Veterans Memorial, Thursday, June 25, 2020, in Washington. (AP Photo/Alex Brandon)
3.) Some 1.48 million Americans sought jobless benefits last week for the first time, joining the roughly 19.5 million people already getting benefits, the Department of Labor reported Thursday.
A man looks at signs of a closed store due to COVID-19 in Niles, Ill., Thursday, May 21, 2020. More than 2.4 million people applied for U.S. unemployment benefits last week in the latest wave of layoffs from the viral outbreak that triggered widespread business shutdowns two months ago and sent to economy into a deep recession. (AP Photo/Nam Y. Huh)
Regional
4.) California air quality regulators plan to approve the nation’s first electric truck standards Thursday, requiring over half the trucks sold by manufacturers in the state be zero-emission vehicles by 2035 — a rule that will impact air quality and greenhouse gas emissions beyond the Golden State’s borders.
FILE - In this Feb. 11, 2014, file photo, truck drivers stop at a gas station in Emerson, Ga., north of metro Atlanta, to fill up their tractor trailer rigs. The Trump administration eased rules Thursday, May 14, 2020 that limit working hours for truck drivers, and the changes brought immediate protests from labor and safety groups. The Federal Motor Carrier Safety Administration extended the maximum working day for short-haul drivers from 12 hours to 14 hours and applied the longer hours to more drivers by expanding the geographic definition of short-haul driving. (AP Photo/David Tulis, File)
5.) Texas’ governor announced restrictions on elective surgeries Thursday and county officials in Fort Worth ordered face masks in local businesses, as the state grapples with a spike in Covid-19 cases after months of battling the pandemic.
Visitors wearing masks to protect against the spread of COVID-19 pose for photos at the Alamo, which remains closed, in San Antonio, Wednesday, June 24, 2020. Cases of COVID-19 have spiked in Texas and the governor of Texas is encouraging people to wear masks in public and stay home if possible. (AP Photo/Eric Gay)
6.) Blown west from the Sahara in North Africa, the world’s largest desert at 3 million square miles, clouds of Sahara dust are swirling in on their yearly sojourn to the Gulf Coast.
A massive dust plume from the Sahara Desert reaches far out over the Atlantic Ocean, stretching across 2,000 miles, in this view from the NASA-NOAA Suomi NPP Earth-observing satellite on June 13, 2020. (Image credit: NASA Worldview)
International
7.) An EU magistrate condemned Hungary’s refugee policies Thursday, detailing a system where immigrants are made to sleep in shipping containers on the border for months before while seeking asylum.
FILE - In this Sept. 21, 2016 file photo a Hungarian soldier patrols at the transit zone at Hungary's southern border with Serbia near Tompa, 169 km southeast of Budapest, Hungary. Hungary's Prime Minister Viktor Orban, an early supporter of U.S. President Donald Trump, has ordered the reinforcement of fences on Hungary’s southern borders to keep out migrants, many of whom are Muslims. (Sandor Ujvari/MTI via AP, file)
8.) For the second time, the European Union’s highest court on Thursday rejected a complaint from France that the European Parliament improperly held a budget vote in Brussels rather than Strasbourg.


courthousenews--2020-06-25--Federal Judge Puts Hold on Philly Safe-Injection Site

PHILADELPHIA ( CN ) — A federal judge ruled it is in the public ’ s best interest that the nation ’ s first supervised drug-injection site in Philadelphia be barred from opening while federal prosecutors appeal the site ’ s legality .
“ The combination of the pandemic and the momentous protests following the killing of Mr. George Floyd make this the wrong moment for another change in the status quo , ” U.S. District Judge Gerald McHugh wrote in his 24-page opinion Wednesday .
An appeals court will now have the chance to review if the facility is @ @ @ @ @ @ @ move toward opening the site .
The decision came the same week that , on the other side of the nation , San Francisco moved one step closer to opening a safe-injection site of its own , after its Board of Supervisors on Tuesday approved a law that will permit nonprofits to operate these facilities .
Eastern Pennsylvania U.S. Attorney William McSwain challenged Safehouse in February 2019 after it announced plans to open the site .
Philadelphia Mayor Jim Kenney and other city officials said they ’ d back such sites as a @ @ @ @ @ @ @ opioid crisis .
Philadelphia has one of the highest opioid death rates in the country – of the 1,150 unintentional drug-related deaths in 2019 , opioid overdoses were involved in more than 80 % of cases .
However , McSwain called the facilities “ consumption rooms ” and said they would not comply with the federal Controlled Substances Act .
“ Nobody anywhere , anyhow , is allowed to use heroin under the law , ” McSwain said in September 2019 during the case ’ s district court hearing .
Still , Judge @ @ @ @ @ @ @ did not find the prosecutor ’ s argument convincing and granted Safehouse permission last October to open safe drug-injection facilities , where trained professionals would supervise injections of heroin or fentanyl , ruling that such establishments do not violate federal law .
But on Wednesday , McHugh put a hold on his own order and said the stay was in the public ’ s best interest because city and country officials are already overwhelmed with political challenges , reacting to both the Covid-19 public health crisis and widespread outrage over police brutality toward @ @ @ @ @ @ @ Safehouse would require multiple public meetings , the time and attention of the City Health Department , and the allocation of police resources , ” McHugh wrote .
“ Even if one assumes a flawless opening process , the operation of Safehouse would represent a significant change in how the city responds to opioid abuse , and such change would necessarily be disruptive.
” McHugh maintained that this stay was not granted because he was reconsidering whether the nonprofit ’ s agenda violated the so-called “ crack house ” provision , which bars @ @ @ @ @ @ @ of unlawfully manufacturing , storing , distributing or using a controlled substance , ” as McSwain had argued .
The judge said he still did not buy the government ’ s argument that legalizing Safehouse ’ s operations may “ overturn Congress ’ s determination that there is no legal use ” for certain drugs .
“ My ruling did not reach such a conclusion , ” he said .
“ To the contrary , my opinion expressly noted that ‘ opioid .
.
.
possession is undisputedly criminal , ’ and that @ @ @ @ @ @ @ , a person can not lawfully use or consume a substance that the person can not even lawfully possess.
’ ” “ To the contrary , the need to inject under observation underscores the deadly potential of the banned substances , ” he added .
“ And though the government scores a semantic point when it observes that ‘ safe injection ’ is an oxymoron when it comes to heroin , cocaine , and nonprescribed uses of fentanyl , if one looks beyond wordplay , it can not be disputed that Safehouse ’ @ @ @ @ @ @ @ through supervision of the user , not the safety of the act of injection.
” In a statement Thursday , Safehouse attorney Ilana Eisenstein of DLA Piper similarly called attention to the fact that McHugh ’ s latest ruling does not change the judge ’ s original conclusion that the sites don ’ t violate federal law .
“ The court reinforces the public health arguments that Safehouse has been making for two years , and the court agrees that the public health data supports the benefits of supervised injection sites , shows @ @ @ @ @ @ @ , and may produce positive benefits for the community , ” she said .
Safehouse had already previously decided at the end of February to put its first site opening on pause , after its attempt to open a South Philadelphia location at the start of this year was received poorly by some of the neighborhood ’ s residents , who opposed the facility on the basis that it would bring more drug users into their area .
Within the next few weeks , the Covid-19 pandemic began to overshadow the city ’ @ @ @ @ @ @ @ Thursday that those behind Safehouse still believe its overdose prevention services are needed in Philadelphia .
“ Nonetheless , the court found it appropriate to wait to implement its decision until after the appeals process , particularly given that Philadelphia is presently struggling with the Covid-19 pandemic and grappling with the calls for profound change in the wake of the death of George Floyd , ” the attorney said .
“ Safehouse will follow the law and will delay the opening of a site until we have legal authority to do so.
” @ @ @ @ @ @ @ s office for the Eastern District of Pennsylvania did not immediately respond to a request for comment Thursday .

A federal judge ruled it is in the public’s best interest that the nation’s first supervised drug-injection site in Philadelphia be barred from opening while federal prosecutors appeal the site’s legality.
PHILADELPHIA (CN) — A federal judge ruled it is in the public’s best interest that the nation’s first supervised drug-injection site in Philadelphia be barred from opening while federal prosecutors appeal the site’s legality.
“The combination of the pandemic and the momentous protests following the killing of Mr. George Floyd make this the wrong moment for another change in the status quo,” U.S. District Judge Gerald McHugh wrote in his 24-page opinion Wednesday.
Syringes are scattered in the remains of a tent city being cleared by city workers along Division Street in San Francisco on Feb. 26, 2016. (AP Photo/Eric Risberg, File)
An appeals court will now have the chance to review if the facility is legal before the Philadelphia nonprofit Safehouse can move toward opening the site.
The decision came the same week that, on the other side of the nation, San Francisco moved one step closer to opening a safe-injection site of its own, after its Board of Supervisors on Tuesday approved a law that will permit nonprofits to operate these facilities.
Eastern Pennsylvania U.S. Attorney William McSwain challenged Safehouse in February 2019 after it announced plans to open the site.
Philadelphia Mayor Jim Kenney and other city officials said they’d back such sites as a way to combat the city’s opioid crisis. Philadelphia has one of the highest opioid death rates in the country — of the 1,150 unintentional drug-related deaths in 2019, opioid overdoses were involved in more than 80% of cases.
However, McSwain called the facilities “consumption rooms” and said they would not comply with the federal Controlled Substances Act.
“Nobody anywhere, anyhow, is allowed to use heroin under the law,” McSwain said in September 2019 during the case’s district court hearing.
Still, Judge McHugh, a Barack Obama appointee, did not find the prosecutor’s argument convincing and granted Safehouse permission last October to open safe drug-injection facilities, where trained professionals would supervise injections of heroin or fentanyl, ruling that such establishments do not violate federal law.
But on Wednesday, McHugh put a hold on his own order and said the stay was in the public’s best interest because city and country officials are already overwhelmed with political challenges, reacting to both the Covid-19 public health crisis and widespread outrage over police brutality toward black Americans.
“The opening of Safehouse would require multiple public meetings, the time and attention of the City Health Department, and the allocation of police resources,” McHugh wrote. “Even if one assumes a flawless opening process, the operation of Safehouse would represent a significant change in how the city responds to opioid abuse, and such change would necessarily be disruptive.”
McHugh maintained that this stay was not granted because he was reconsidering whether the nonprofit’s agenda violated the so-called "crack house" provision, which bars operating an establishment "for the purpose of unlawfully manufacturing, storing, distributing or using a controlled substance," as McSwain had argued.
The judge said he still did not buy the government’s argument that legalizing Safehouse’s operations may "overturn Congress's determination that there is no legal use" for certain drugs.
“My ruling did not reach such a conclusion,” he said. “To the contrary, my opinion expressly noted that ‘opioid . . . possession is undisputedly criminal,’ and that, ‘[b]y definition, a person cannot lawfully use or consume a substance that the person cannot even lawfully possess.’”
“To the contrary, the need to inject under observation underscores the deadly potential of the banned substances,” he added. “And though the government scores a semantic point when it observes that ‘safe injection’ is an oxymoron when it comes to heroin, cocaine, and nonprescribed uses of fentanyl, if one looks beyond wordplay, it cannot be disputed that Safehouse’s efforts are focused on the safety through supervision of the user, not the safety of the act of injection.”
In a statement Thursday, Safehouse attorney Ilana Eisenstein of DLA Piper similarly called attention to the fact that McHugh’s latest ruling does not change the judge’s original conclusion that the sites don’t violate federal law.
“The court reinforces the public health arguments that Safehouse has been making for two years, and the court agrees that the public health data supports the benefits of supervised injection sites, shows favorable outcomes for individuals suffering from addiction, and may produce positive benefits for the community,” she said.
Safehouse had already previously decided at the end of February to put its first site opening on pause, after its attempt to open a South Philadelphia location at the start of this year was received poorly by some of the neighborhood’s residents, who opposed the facility on the basis that it would bring more drug users into their area. Within the next few weeks, the Covid-19 pandemic began to overshadow the city’s opioid epidemic.
Eisenstein further noted Thursday that those behind Safehouse still believe its overdose prevention services are needed in Philadelphia.
“Nonetheless, the court found it appropriate to wait to implement its decision until after the appeals process, particularly given that Philadelphia is presently struggling with the Covid-19 pandemic and grappling with the calls for profound change in the wake of the death of George Floyd,” the attorney said. “Safehouse will follow the law and will delay the opening of a site until we have legal authority to do so.”
A representative for the U.S. Attorney’s Office for the Eastern District of Pennsylvania did not respond to a request for comment Thursday.


courthousenews--2020-06-25--Judges Tout Covid for Opening Judiciary Up to Technology

WASHINGTON ( CN ) — Three high-level judges testified to Congress on Thursday that Covid-19 was the disruption needed to break with old norms and allow technology to open the judiciary to the public eye .
“ I don ’ t think we ’ re ever going back to where we were before , ” Jeremy Fogel , executive director of the Berkeley Judicial Institute and former director of the Federal Judicial Center in Washington , told the House subcommittee that oversees the courts .
A former California state and federal trial judge for 37 years , Fogel along with @ @ @ @ @ @ @ the novel coronavirus outbreak has ushered in a new era for the judiciary .
Michigan Supreme Court Chief Justice Bridget M. McCormack said the new reliance on technology in her state has created a more customer-friendly court system .
Along with Fogel , the chief judge pressed for Congress to provide funding and guidance for video and audio access to continue after Covid-19 has passed — a mode of operating currently allowed temporarily through the CARES Act to prevent an insurmountable backlog of cases .
“ How the courts treat people is the @ @ @ @ @ @ @ “ We ’ re kind of selling trust in government.
” Over the last three months , Michigan judges have held over 50,000 hearings over the video conferencing platform Zoom and are now approaching 350,000 hours of online proceedings livestreamed on YouTube , the chief judge explained .
“ It is a tremendous opportunity for us to figure out how we can do a lot of what we do better , ” McCormack said .
While Congress appropriated $ 7.5 million in emergency coronavirus funding to the judiciary , in April the courts @ @ @ @ @ @ @ funding to pay for everything from new streaming technology to health screenings at courthouse doors .
“ There is a powerful desire to get back to normal , but the courts will put people at risk if they simply try to revert to how they operated before the pandemic , ” Rep. Hank Johnson , D-Ga. , said in the Thursday hearing .
With jury trials on hold in most districts , the Judicial Conference of the United States drew up detailed plans in June on how to safely resume criminal proceedings — @ @ @ @ @ @ @ allow in an elevator to where to position tape on courtroom benches to mark out jury seating .
Despite the challenges brought on by Covid-19 , the new normal had provided a wealth of data on remote courtrooms operations that Fogel said Congress should assess through a formal study .
Rounding off the panel , Senior U.S. District Judge for the District of Arizona David G. Campbell said with some 20,000 court employees currently teleworking it is difficult to predict how the unavoidable backlog of cases will be managed when courts begin to @ @ @ @ @ @ @ Judicial Conference of the United States Committee on Rules and Practice and Procedure , told lawmakers that bankruptcy courts are expected to see a surge in cases following the economic blow dealt by the pandemic .
As for remote proceedings , the Arizona judge said court technicians are working to improve technology platforms as the country continues battling Covid-19 .
“ We have been very conscious of security and the technology experts within the federal courts have been quite active in ensuring that the tools that are used are secure , ” Campbell @ @ @ @ @ @ @ Rep. Martha Roby , R-Ariz. , the judge also said he understands that not every jurisdiction may be up to speed if Congress mandates the courts keep up remote proceedings after the pandemic .
“ Progress has been made but there are still clear limitations by matters external to the court , such as the availability of broadband or the funding of a local facility where individuals are housed , ” Campbell said , referring to criminal defendants .
But transportation , child care and job responsibilities are not barriers to participation in @ @ @ @ @ @ @ the continued practice a worthwhile venture .
“ And it turns out Zoom is less intimidating for parties who appear without lawyers — at least this is what we have learned so far , ” the chief judge said .
“ There ’ s something about the equalizing nature of all of the Zoom boxes being the same size that makes people feel more heard and more respected.
” Each of the three judges testifying Thursday recognized that some proceedings are inappropriate to hold remotely , with sentencings chief among them .
“ @ @ @ @ @ @ @ this week holding that a witness ’ testimony in a criminal trial by Skype violated the defendant ’ s Sixth Amendment right to confrontation , ” McCormack said .
Still Democrats and Republicans alike voiced support for Congress outlining continued reliance on 21st century technology in the courtroom , rather than a return to the old norms .
“ The Supreme Court might return to its practice of forcing people to wait in long lines to cycle through a tiny packed courtroom , ” Johnson warned .
Melissa Wasser , a policy analyst @ @ @ @ @ @ @ the Press , testified Thursday that since the justices made the historic shift to open oral arguments up to the public through live audio streaming , millions of Americans have tuned in .
While some GOP members voiced concern over standardizing cameras in the judiciary , Rep. Ben Cline , R-Va. , said he hopes the Supreme Court will continue the practice of audio streaming long after the coronavirus crisis ends .
Rep. Steve Chabot , R-Ohio , a co-sponsor of the bipartisan “ Eyes on the Courts Act of 2020 , ” @ @ @ @ @ @ @ state has allowed cameras in the courtroom without incident or spectacle .
“ There were lots of predictions early on about all of the terrible things that would happen , ” he said , “ and for the most part they have not happened.
” Rep. Johnson , meanwhile , said congressional funding for innovative changes to the courts is only “ limited by the imagination of the judicial branch .
”

Three high-level judges testified to Congress on Thursday that Covid-19 was the disruption needed to break with old norms and allow technology to open the judiciary to the public eye.
WASHINGTON (CN) — Three high-level judges testified to Congress on Thursday that Covid-19 was the disruption needed to break with old norms and allow technology to open the judiciary to the public eye.
“I don’t think we’re ever going back to where we were before,” Jeremy Fogel, executive director of the Berkeley Judicial Institute and former director of the Federal Judicial Center in Washington, told the House subcommittee that oversees the courts.
A former California state and federal trial judge for 37 years, Fogel along with two active federal judges told lawmakers that the novel coronavirus outbreak has ushered in a new era for the judiciary.
Michigan Supreme Court Chief Justice Bridget M. McCormack said the new reliance on technology in her state has created a more customer-friendly court system.
Along with Fogel, the chief judge pressed for Congress to provide funding and guidance for video and audio access to continue after Covid-19 has passed — a mode of operating currently allowed temporarily through the CARES Act to prevent an insurmountable backlog of cases.
“How the courts treat people is the whole ballgame,” McCormack said. “We’re kind of selling trust in government.”
Over the last three months, Michigan judges have held over 50,000 hearings over the video conferencing platform Zoom and are now approaching 350,000 hours of online proceedings livestreamed on YouTube, the chief judge explained.
“It is a tremendous opportunity for us to figure out how we can do a lot of what we do better,” McCormack said.
While Congress appropriated $7.5 million in emergency coronavirus funding to the judiciary, in April the courts requested another $36.6 million in supplemental funding to pay for everything from new streaming technology to health screenings at courthouse doors.
“There is a powerful desire to get back to normal, but the courts will put people at risk if they simply try to revert to how they operated before the pandemic,” Georgia Congressman Hank Johnson said in the Thursday hearing.
With jury trials on hold in most districts, the Judicial Conference of the United States drew up detailed plans in June on how to safely resume criminal proceedings — including everything from how many people to allow in an elevator to where to position tape on courtroom benches to mark out jury seating.
Despite the challenges brought on by Covid-19, the new normal had provided a wealth of data on remote courtrooms operations that Fogel said Congress should assess through a formal study.
Rounding off the panel, Senior U.S. District Judge for the District of Arizona David G. Campbell said with some 20,000 court employees currently teleworking it is difficult to predict how the unavoidable backlog of cases will be managed when courts begin to reopen.
Campbell, who chairs the Judicial Conference of the United States Committee on Rules and Practice and Procedure, told lawmakers that bankruptcy courts are expected to see a surge in cases following the economic blow dealt by the pandemic.
As for remote proceedings, the Arizona judge said court technicians are working to improve technology platforms as the country continues battling Covid-19.
“We have been very conscious of security and the technology experts within the federal courts have been quite active in ensuring that the tools that are used are secure,” Campbell said.
Taking up a concern from Arizona Congresswoman Martha Roby, the judge also said he understands that not every jurisdiction may be up to speed if Congress mandates the courts keep up remote proceedings after the pandemic.
“Progress has been made but there are still clear limitations by matters external to the court, such as the availability of broadband or the funding of a local facility where individuals are housed,” Campbell said, referring to criminal defendants.
But transportation, child care and job responsibilities are not barriers to participation in remote proceedings, McCormack argued, making the continued practice a worthwhile venture.
“And it turns out Zoom is less intimidating for parties who appear without lawyers — at least this is what we have learned so far,” the chief judge said. “There’s something about the equalizing nature of all of the Zoom boxes being the same size that makes people feel more heard and more respected.”
Each of the three judges testifying Thursday recognized that some proceedings are inappropriate to hold remotely, with sentencings chief among them.
“My court just issued a unanimous opinion this week holding that a witness’ testimony in a criminal trial by Skype violated the defendant’s Sixth Amendment right to confrontation,” McCormack said.
Still Democrats and Republicans alike voiced support for Congress outlining continued reliance on 21st century technology in the courtroom, rather than a return to the old norms.
“The Supreme Court might return to its practice of forcing people to wait in long lines to cycle through a tiny packed courtroom,” Johnson warned.
Melissa Wasser, a policy analyst with the Reporters Committee for Freedom of the Press, testified Thursday that since the justices made the historic shift to open oral arguments up to the public through live audio streaming, millions of Americans have tuned in.
While some GOP members voiced concern over standardizing cameras in the judiciary, Virginia Representative Ben Cline said he hopes the Supreme Court will continue the practice of audio streaming long after the coronavirus crisis ends.
Republican Representative Steve Chabot, a co-sponsor of the bipartisan “Eyes on the Courts Act of 2020,” H.R. 5645, said his home state of Ohio has allowed cameras in the courtroom without incident or spectacle.
“There were lots of predictions early on about all of the terrible things that would happen,” he said, “and for the most part they have not happened.”
The Democratic Johnson, meanwhile, said congressional funding for innovative changes to the courts is only “limited by the imagination of the judicial branch.”