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German court mulls jail for some over Munich air pollution
Court Line | 2018/08/27 10:13

A German newspaper reports that judges are considering jailing senior Bavarian officials for failing to take action against air pollution in Munich, home to automaker BMW.

Daily Sueddeutsche Zeitung reported Monday that the southern German state's administrative court believes jailing officials may be the most effective way of forcing the Bavarian government to enforce emissions-cutting measures.

Munich topped the ranks of 65 German cities that exceeded levels of harmful particles last year. Bavarian officials have refused to impose measures in the state capital — such as limited bans on driving diesel vehicles — despite heavy fines.

According to the report, Bavarian judges want to seek legal guidance from the European Court of Justice on whether jailing officials — including state Environment Minister Marcel Huber and Governor Markus Soeder — would be permissible.


Cities vying for 2020 convention court Democrats in Chicago
Legal Focuses | 2018/08/26 17:12

The three cities vying to host the 2020 Democratic convention are courting party leaders and activists at their summer meeting in Chicago.

Houston, Miami and Milwaukee are the finalists. A selection committee has been visiting the potential sites. A decision is expected early next year.

Miami gave people attending the Democratic National Committee meeting a taste of Chicago's waterfront offerings by renting out a boat docked at Navy Pier for its party.

Milwaukee's gathering featured an appearance by onetime Milwaukee Bucks basketball star Kareem Abdul-Jabbar. The city has suggested the Bucks' new arena as the convention's venue.

Gospel singer Yolanda Adams highlighted Houston's party. Houston also scattered promotions throughout the DNC's meeting hotel, including Texas-shaped decals on the carpet and bar tabletops.



In Veterans Court, former service members fight new battle
Court Watch | 2018/08/26 10:14

Sheriff's deputies steered three handcuffed men into Veterans Court one day this summer. The backs of their red jumpsuits read "Allegheny County Jail." One prisoner had doe eyes and long hair, resembling pictures of Christ.

He wore shackles around his ankles.

When he stood before Judge John Zottola, his eyes cast down, the judge cocked his head with a "What are we going to do with you?" expression on his face.

A probation officer said the young man, an Iraq War combat veteran, had absconded -- a word that in court means fled -- while under house arrest. The judge ordered a transfer to a Bath, N.Y., treatment center for veterans who suffer post-traumatic stress and addiction.

Seeing a veteran shackled in his own country is particularly unsettling when you realize jail may be where he is most safe. But most veterans in this court are not incarcerated. They have an out, as long as they check in with the probation officer, keep their records and urine clean and show up for court. The process of getting through three phases of good behavior takes a year.

Allegheny County Veterans Treatment Court is an acknowledgement that veterans deserve special consideration when they land in the criminal justice system. They are diverted into a side stream of the larger channel. If they have post-traumatic stress or traumatic brain injury on top of their violations, their treatment team can work to untangle these issues.

Judge Zottola, who meets before court with the parties of each day's hearing, describes it as "a problem solving court, with positive rewards and regular sanctions."

His courtroom hums with collaborative spirit. Before he calls the room to order, people mill about, sharing information. The hearings, too, are more casual than typical court proceedings.

"We are a team and we take a team approach to assist you," Judge Zottola says as he opens his sessions. "Please take advantage of that help.



Zimbabwe court to rule Friday on opposition's vote challenge
Legal Focuses | 2018/08/24 10:15

Zimbabwe's Constitutional Court said it will rule on Friday after hearing the main opposition party's challenge to the results of last month's presidential election, the first without longtime leader Robert Mugabe on the ballot.

Police barricaded streets in the capital, Harare, on Wednesday amid high tensions over the case which will decide if the victory of President Emmerson Mnangagwa, a former Mugabe enforcer, is valid. The opposition claims "gross mathematical errors" and seeks a fresh election or a declaration that its candidate, 40-year-old Nelson Chamisa, won.

The Zimbabwe Electoral Commission declared Mnangagwa narrowly won with 50.8 percent of the vote, avoiding a runoff. It said Chamisa received 44.3 percent.

Many hoped the peaceful vote on July 30 would launch a new era for Zimbabwe after Mugabe stepped down in November under military pressure, but two days later six people were killed when troops swept into the capital to disperse opposition protesters.

Western election observers and diplomats condemned the "excessive" use of force. European Union election observers were in court on Wednesday; the 75-year-old Mnangagwa badly needs a credible electoral process as a key step in removing international sanctions.

The opposition claims the electoral commission bumped up Mnangagwa's figures through double counts and the creation of "ghost" polling stations. It also alleges that some polling stations recorded more voters than those registered.


Poland likely to ignore EU court ruling on justice overhaul
Law Firm Topics | 2018/08/24 10:12

Poland's deputy prime minister says his government will likely ignore the European Court of Justice if it suspends a new Polish law compelling numerous Supreme Court judges to retire early.

The attempted forced retirements are part of a broader overhaul of the justice system by Poland's nationalist ruling party, Law and Justice. The changes have alarmed the European Union, which says rule of law is under threat in Poland.

The government insists it is reforming a corrupt system.

Polish Deputy Prime Minister Jaroslaw Gowin says if the EU court suspends the retirement law, "our government will probably have no choice" but to ignore the ruling. His comments were published Monday by a pro-government weekly, Do Rzeczy.


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