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Filing period opens for West Virginia Supreme Court seat
Legal Court Feed | 2018/08/06 13:14
The filing period has begun for a special election for the West Virginia Supreme Court.

The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.

Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.

Ketchum announced his retirement last month. He had two years remaining in his term.

Last week prosecutors said Ketchum has agreed to plead guilty in federal court to one count of wire fraud stemming from the personal use of state-owned vehicles and fuel cards. He faces a plea hearing and up to 20 years in prison.



N Carolina Supreme Court candidate sues over party label law
Legal Court Feed | 2018/08/06 13:14
A North Carolina Supreme Court candidate has made good on his threat to sue Republican legislators to challenge a law finalized over the weekend preventing him from having his party designation next to his name on the November ballot.

Chris Anglin filed a lawsuit Monday against Republican legislative leaders and elections officials in state court. He wants the law declared unconstitutional and his GOP designation retained.

The law prevents judicial candidates from having party labels next to their names if they changed affiliations less than 90 days before filing. Anglin switched from a Democratic affiliation three weeks before filing.

Anglin says the law gives unfair benefit to opponent Justice Barbara Jackson, who will have a Republican label. The race's other candidate — Anita Earls — will have a Democratic label.


SC Supreme Court to decide if elected sheriff is qualified
Legal Court Feed | 2018/08/04 13:15
Clarke Stearns has been working as sheriff for more than 18 months in McCormick County, but it's still up in the air whether he is qualified to be the county's top lawman.

Stearns' Democratic opponent in the 2016 election, J.R. Jones, sued him within a month after his victory, saying Stearns never served as a law officer in South Carolina and therefore didn't meet the requirement of being a certified officer in the state.

Stearns' lawyers have successfully argued so far that his 30 years certified as a law enforcement officer in Virginia are more than enough to cover the qualification to be sheriff and he also got his certification in South Carolina after the election.

After a lower court judge ruled against Jones, the lawsuit is now going before the state Supreme Court. Jones' lawyer Charles Grose, told The Index-Journal of Greenwood the Supreme Court has expedited the case.

Stearns, a Republican, received 57 percent of the vote in the 2016 election.

Both sides said they have sent their briefs to the South Carolina Supreme Court and are ready for the justices either to rule or set a time for arguments.

Under South Carolina law , sheriffs must be at least 21 years old, a citizen of the United States, a registered voter and have a year of experience as a certified officer if they have a four-year college degree.


DC court sides with transit agency in dispute with church
Legal Court Feed | 2018/07/29 13:16
A federal appeals court in Washington is siding with transportation officials in a dispute about the transit agency's decision to reject an ad from the Roman Catholic Church.

The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday.

The Archdiocese of Washington sued in 2017 after Metro rejected an ad for its Christmas fundraising effort, which showed a biblical scene. The archdiocese argued Metro's decision violated the First Amendment. Metro pointed to its blanket policy of refusing to accept issue-oriented ads including political, religious and advocacy ads.

A lower federal court judge had also sided with Metro. The Trump administration supported the archdiocese.

President Donald Trump's Supreme Court nominee Brett Kavanaugh was on the three-judge panel deciding the case but recused himself, so Tuesday's decision was 2-0.


Sex predator law challenged by Cosby to get court review
Legal Court Feed | 2018/07/26 13:17
Pennsylvania's highest court will consider whether the state can lawfully designate certain sex offenders as sexually violent predators, as it's seeking to do in the case of Bill Cosby.

Cosby's attorneys also are challenging the constitutionality of the law.

But the state Supreme Court's decision Tuesday to review the statute was made in response to an appeal by the state in a different case, not Cosby's challenge. A lower court judge had found the process by which offenders are deemed predators unconstitutional.

A state panel last week recommended a judge find Cosby to be a sexually violent predator after the 81-year-old's April conviction on aggravated indecent assault charges.

That classification would require him to receive sex offender counseling by a state-approved provider for the rest of his life.

Cosby faces sentencing Sept. 24. He plans to appeal.


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