Will County Judge Joseph C. Polito in Illinois has become the latest case of disciplinary action for watching pornography on a work computer. Polito’s use of the courthouse computer was detected on a regular check of the computer system and, to his credit, Polito admitted the misuse. The question has now become the appropriate punishment for two counts under the Illinois judicial code.
Continue reading “Illinois Judge Faces Discipline After Viewing Porn In Courthouse”
Submitted by Elaine Magliaro, Guest Blogger
In August, I wrote a post about Louisiana’s new school voucher program (Stateside Louisiana: School Vouchers and the Privatization of Public Education) that would use tax dollars earmarked for public education to pay for students’ tuitions to private and religious schools. Last week, State District Judge Tim Kelley “declared the diversion of funds from the Minimum Foundation Program (MFP) — the formula under which per pupil public education funds are calculated — to private entities was unconstitutional.” The voucher program is funded by a block-grant program that “Judge Kelley ruled is restricted by the constitution to funding only public schools.”
“Nowhere was it mandated that funds from [the block-grant program]…be provided for an alternative education beyond what the Louisiana education system was set up for,” he [Judge Kelley] wrote. The state can legally fund vouchers, but the funding “must come from some other portion of the general budget,” Judge Kelley said.
The judge, however, did not issue an immediate injunction to stop the voucher program. “The 5,000 students currently receiving vouchers will be able to continue attending their private schools pending an appeal, state officials said.”
Continue reading “Louisiana School Voucher Program Ruled Unconstitutional in State Court”
Submitted by: Mike Spindell, guest blogger
One of the sad lessons one learns, if they live long enough, is that permanency is an illusion. There was a time when most Conservatives in the United States actually cared about the country and its’ people. It’s not that I’m wistful for some bygone era that exists only in my mind, because I’m well aware that the 40’s, 50’s and 60’s were tumultuous times for many including myself. Nor do I have any great love for Dwight Eisenhower and/or Barry Goldwater who I did not vote for in 1964. Yet with all their conservative beliefs, these were men who actually understood something about the needs of people and the motives of some who would call themselves religious leaders. Many of us who have lived long lives remember when the public political discussion in this country contained actual, factual debate, containing depth of ideas, rather than the invective we hear today. The Republicans of the Eisenhower era understood that there was a social contract that existed in this country to ensure that there was a healthy, financially flourishing Middle Class, which is the engine that drives a prosperous modern society. Also Barry Goldwater, who was known as “Mr. Conservative” understood the danger that the Religious hucksters had for his party and the necessity of politicians to compromise. He would ridicule those prominent politicians in his party who would reject the ideas of evolution and blind themselves to science. He also really did believe that government had no business prying into essentially private matters. I disagreed with him on most things, but I at least could respect him, which I can’t do for many prominent politicians of today.
What happened? You know I’ve written about my theories in many of my guest blogs, what are yours?
As protests continue over the power grab of President Mohammed Morsi, Islamists pushed through a draft constitution without the involvement of Christian or liberal members to give Muslim clerics oversight over legislation and add restrictions to free speech, women’s rights, and other civil liberties.
There is an interesting argument raised in a motion for a new trial for convicted murderer, Christopher Vaughn (left). Vaughn was convicted this summer in less than an hour in the killing of his family. Vaughn however is talking about the murder trial of another defendant, Drew Peterson (right). He is arguing that the conduct of the Peterson attorneys was so public and obnoxious that it tainted his own case before the jury.
Cook County State’s Attorney Anita Alvarez failed in her latest effort to strip citizens of a basic right to film police in public — and thereby eliminate the single most effective tool against police abuse in this century. The Supreme Court refused her appeal of the ruling of the United States Court of Appeals for the Seventh Circuit, which expressly criticized Alvarez for her “extreme” position on the rights of citizens. As a native Chicagoan, I remain astonished that citizens have allowed Alvarez to remain in office as she has publicly sought to strip them of their rights and block a tool that has been used repeatedly to show police abuse. For a leading and generally liberal jurisdiction, Chicago has the ignominy and dishonor of leading the effort to fight core civil liberties in this area.
The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!
Continue reading “TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!”
The City of Detroit has left whole areas without street lighting and even proposed allowing buildings to burn rather than spend the money on fire fighters. However, the city is now facing a $1.1 million default judgment in a civil rights suit after its attorneys failed to respond to the lawsuit.
Happy Thanksgiving to everyone. This is my favorite holiday with all of the essential elements of joy: food, friends, and football. Continue reading “HAPPY THANKSGIVING!”
We appear to have another judge acting as a little Caesar from the bench and meting out his brand of justice. In Ohio, Stark County Common Pleas Judge Frank Forchione has sentenced Valerie Rodgers, 46, to making Thanksgiving dinner for three police officers on leave or unable to work. In addition to the dinner, she will be on one-year probation for felony assault and three misdemeanors. This follows another judge who sentenced a teen to ten years of church.
Continue reading “Ohio Judge Sentences Women To Cooking Thanksgiving Dinner For Police Officers”
We have another judge who has decided to create his own system of criminal punishment with novel sentencing. Oklahoma judge Mike Norman has magnified this increasingly common form of judicial abuse by adding compelled religious observance to sentence. Norman deferred a prison sentence for Tyler Alred, 17, in exchange for his agreement to attend church for 10 years. Norman observed “[t]he Lord works in many ways,” including it appears through him and his court. While many would view the imposition of religious observance in a criminal sentence as something akin to an American Taliban court, Norman insists that he has judicially ordered religious practices in the past.
Cortland County District Attorney Mark Suben, 69, recently secured reelection after a tough campaign. Nothing strange there. District Attorney positions are often much sought-after positions. However, Suben was hounded by media questions of whether he was previously known as Gus Thomas, a porn star in at least 12 films, such as “Devil’s Due,” “Bedroom Bedlam,” “Deep Throat 2,” “Lecher” and “The Love Witch.” He vehemently denied the allegations . . . until he was reelected. He now admits that he repeatedly lied to the public and the press but he refuses to resign. In “Devil’s Due,” he played an actor who tricked women into bondage.
Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger
We have discussed the enforcement of torture laws many times here on Prof. Turley’s blog and the policy of the Obama Administration to “look forward” and not go after the Bush Administration for its admitted torture of detainees. With that in mind, it was interesting to read this week that 4 victims of torture under the hands of the Bush Administration have turned to the United Nations Committee against Torture in a last effort to get justice. “Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz—they are all survivors of the systematic torture program the Bush administration authorized and carried out in locations including Afghanistan, Iraq, Guantánamo, and numerous prisons and CIA “black sites” around the world. Between them, they have been beaten, hung from walls or ceilings, deprived of sleep, food and water, and subjected to freezing temperatures and other forms of torture and abuse while held in U.S. custody. None was charged with a crime, two were detained while still minors, and one of them remains at Guantánamo.
This week, in a complaint filed with the United Nations Committee against Torture, they are asking one question: how can the man responsible for ordering these heinous crimes, openly enter a country that has pledged to prosecute all torturers regardless of their position and not face any legal action?” Truthout Continue reading “Who Will Enforce the Laws Against Torture?”
Submitted by: Mike Spindell, guest blogger
While the United States of America is many things to many people, it is not as is popularly conceived a Democracy and it never has been. This view is not coming from a perspective of politics, but one of stark reality. The thinking of the overwhelming majority of our Founding Fathers, as embodied in the Constitution they wrote, was certainly not to give power to the masses. I don’t believe this point is in dispute by the majority of Constitutional experts, despite their various positions on the political spectrum. Most politicians with self-awareness and intelligence have always known that we are not a Democracy as a country, despite the fact that most also proclaim it to be a Democracy. The problem with what I just wrote is that defining Democracy is a very slippery process and as I will show, the word means very different thing to many different people.
Permit me to begin by defining Democracy in terms of the myth that has been created around it in American parlance: “Democracy represents both the Will and the Rule of the People over their government. As such it is the best form of government for all”. Whether we believe it or not all Americans have grown up under this national myth and its’ use is ubiquitous to both domestic and foreign policy. The many wars this country has fought were prosecuted in the interests of this myth of Democracy, whether in destroying the Axis in World War II to save the world, or to nurture its creation and existence in numerous foreign lands. A student of history understands that the reasons for the wars America has fought are far more complex and ultimately self-serving than protecting Democracy. Nevertheless, to initially go to war, a populace must be energized by the belief that it will be fought for a higher purpose, in order to send it young adults to fight and potentially die. This energy in America usually has come from a combination of the myth of protecting democracy and a general threat to all the people. The simple rubric in my lifetime and in the history before it, is that we are fighting for Democracy. I will explore this myth, so central to our lives of citizens and discuss its implications. Continue reading “Democracy in America: What Does it Mean?”
The people of Brasstown, North Carolina have been ordered by Judge Fred Morrison that they need to stop playing possum and just kill wild animals rather than capture and release them as part of their New Year celebrations. The town has a tradition called “New Year’s Rockin’ Eve,” which includes a “possum drop.” The possum is not actually dropped. A possum is caught in the wild and lowered in a plexiglass cage for about ten seconds. It is then released back into the wild. Judge Morrison held essentially kill the possum and then lower it or spray paint a cat to look like a possum. A video of the brief descent is below.