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•  State Bar News - Legal News


A North Carolina appeals court judge said Wednesday he won't run again when his seat comes up for re-election next year.

Judge Rick Elmore has served since 2003. The former private practice lawyer from Greensboro was re-elected to a second eight-year term in 2010.

In an interview, Elmore said he'll be satisfied serving two full terms on the state's intermediate-level appeals court when comparing it to the uncertainty of any outcome if he was to run another statewide campaign in 2018. Elmore, 66, also would have been unable to serve another full term due to the state's mandatory retirement age for judges at 72.

Leaving after this term expires "seemed to be a good fit," Elmore said, adding that he wanted to "leave on my own terms."

Elmore said he wanted to make the announcement before state political parties gather this year. Elmore is a registered Republican. A law approved last December makes Court of Appeals races officially partisan elections again, with party primaries.

Elmore said his decision had nothing to do with legislation approved in March by the General Assembly to reduce the number of Court of Appeals judges from 15 to 12 by eliminating positions vacated by resignation or death. Democratic Gov. Roy Cooper vetoed the measure, but the veto was overridden.

The appeals court usually meets in panels of three judges. The court is the final arbiter in state court matters except for cases heard by the state Supreme Court.




Texas' Republican-controlled Legislature late Friday advanced tough new limits on abortion— hitting back at a U.S. Supreme Court decision last summer striking down most of the sweeping restrictions on the procedure that America's second-largest state approved four years ago.

The Texas House voted 96-47 on legislation that bans a commonly used second-trimester abortion procedure, known as dilation and evacuation, similar to laws that courts have blocked in Alabama, Oklahoma, Kansas and Louisiana. It further directed doctors performing the procedure in Texas to face felony charges.

Those contentious provisions were tacked onto a broader bill requiring the burial or cremation of fetal remains from abortions, even though a federal judge has already blocked an existing state rule mandating the same thing.

The measure also bars sale or donation of fetal tissue, something GOP-majority legislatures around the country have sought since the release of heavily edited, secretly recorded videos shot inside Planned Parenthood clinics by an anti-abortion group in 2015. Federal law already prohibits sale of fetal tissue.

Final approval should come Saturday. The proposal previously cleared the state Senate, but will have to return there because the House so expanded its scope. That chamber is even more conservative, though, and passage should be easy.




An Ohio Supreme Court justice who’s mulling a run for governor thinks it’s time for the state to decriminalize marijuana.

Justice William O’Neill, the lone Democrat holding an Ohio statewide office, said making marijuana legal is working in Colorado and doing it in Ohio would bring hundreds of millions of dollars in sales taxes.

O’Neill announced earlier this year that he’s considering stepping down and making a run for governor, but he doesn’t plan on making a decision until the end of the year.

In a speech mixed with his analysis of last year’s presidential election and thoughts about problems facing the state, O’Neill said he not only wants to legalize marijuana but also release all non-violent marijuana offenders from prison.

Doing those two things would generate an estimated $350 million to both combat drug addiction and create a mental health network run by the state, he told members of the Wayne County Democratic Party on Friday night.

“The time has come for new thinking,” O’Neill said in his prepared remarks. “We regulate and tax alcohol and tobacco and imprison people for smoking grass.”

He said the Democratic Party needs new ideas in 2018 if it wants to knock off Republicans who control all branches of Ohio government.

O’Neill wants to see the Ohio Department of Mental Health re-open the network of state hospitals that were closed decades ago and change how the state deals with addiction.

“Treat addiction like the disease it is in the name of compassion,” he said.

There’s already a crowded field lining up on both sides of the governor’s race.

For the Democrats, Dayton Mayor Nan Whaley, former U.S. Rep. Betty Sutton, former state Rep. Connie Pillich and state Sen. Joe Schiavoni are making runs.

The field on the Republican side includes U.S. Rep. Jim Renacci and Secretary of State Jon Husted while Lt. Gov. Mary Taylor and Attorney General Mike DeWine are widely expected to seek the GOP nomination.

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