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•  State Bar News - Legal News
Idaho Supreme Court upholds grocery tax veto

•  State Bar News     updated  2017/07/20 23:20


The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.

The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.

Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.

However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.

"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.

Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.

For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.



The European Union is coming closer to imposing sanctions on Poland for the government's attempt to take control over the judiciary, a senior official warned Wednesday, but he said the bloc was still open to dialogue.

European Commission Vice President Frans Timmermans spoke Wednesday in Brussels, shortly after Poland's lawmakers voted overwhelmingly to send a contentious draft law that would reorganize the nation's top Supreme Court for more work by a special parliamentary commission.

Timmermans said that the EU was closer to triggering Article 7 against Poland because its recent steps toward the judiciary "greatly amplify the threat to the rule of law" and threaten putting the judiciary "under full political control of the government." But he said that dialogue between the EU and Poland should continue while the legislation is being worked on.

The EU's Article 7 allows the bloc to strip a nation of its voting rights. Article 7 was envisioned to ensure democratic standards in EU members. It requires unanimity among all other member states.

The vote in Poland's parliament, which is dominated by the ruling Law and Justice party, was preceded by a heated debate and street protests. It was the latest in a string of conflicts over the policies of the conservative party, which won power in a 2015 election. The government is also under strong criticism from other EU leaders.

Lawmakers voted 434-6 with one abstention for the commission for justice and human rights to review and issue its opinion on the draft law, which gives politicians, not lawyers, the power over appointments to the Supreme Court and reorganizes its structure.

The head of the commission, Stanislaw Piotrowicz, said it wasn't clear when the commission would convene and when its opinion would be known. He said the number of amendments proposed by the opposition was aimed at obstructing its work.

In a heated debate Tuesday, the opposition proposed more than 1,000 amendments to the draft, which, it says, kills judicial independence and destroys the democratic principle of the separation of the judiciary from the executive power.




Immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of turning them over to family in the U.S., a federal appeals court said Wednesday.

The 9th U.S. Circuit Court of Appeals said two laws passed by Congress did not end the right to a bond hearing for unaccompanied immigrant children who are detained by federal authorities.

Tens of thousands of unaccompanied children fleeing gang and drug violence in Guatemala, Honduras and El Salvador have entered the U.S. in recent years.

Federal officials place the vast majority of them with family in the U.S., who care for the minors while they attend school and while their cases go through the immigration court system.

But the Department of Human Services has the authority to hold children in secure facilities if they pose a danger to themselves or others or have committed a crime. Some have spent months in detention.

Immigration advocates estimate the size of the group in secure custody at several hundred children and say bond hearings allow them to understand why they are being held and challenge their detention.

"If you don't give kids transparency and a clear finite date when their detention will end you see all kinds of psychological effects," said Holly Cooper, co-director of the Immigration Law Clinic at the University of California, Davis.

Cooper represented plaintiffs in the legal fight over the bond hearings. The 9th Circuit ruling cited a declaration from one teenager who was held for 16 months, mostly at a juvenile detention center in Northern California. The teen, referred to only by his first name, Hector, said federal officials provided no explanation for his continued detention, and he received no hearing before an immigration judge. He was eventually released to his mother.

The Obama administration argued that two laws — one approved in 2002 and the other in 2008 — did away with the bond hearing requirement in a 1997 court settlement by giving the human services department all authority over custody and placement decisions for unaccompanied children.

The Department of Justice said in a 2016 court filing that immigration judges "are not experts in child-welfare issues and possess significantly less expertise in determining what is in the best interest of the child" than human services officials.


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