Walker appointee, judge, prof face off in high court primary

Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday. Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake. The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023. Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution. Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School. She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017.

Cross-examination drives key Weinstein accuser to tears

A key accuser in the New York City rape trial of Harvey Weinstein broke down in tears on the witness stand on Monday during an exhaustive cross-examination over the nature of her relationship with the once-powerful movie mogul. The drama, which prompted the judge to send the jury home about an hour earlier than usual, came as the defense sought to paint the 34-year-old woman as an opportunistic manipulator who took advantage of Weinstein while pursuing an acting career, even after he allegedly raped her. The woman said she tried to make Weinstein "my pseudo father" after a rough upbringing. She said she sent him flattering emails and kept seeing him because “I wanted him to believe I wasn't a threat." “I was afraid of his unpredictable anger," the woman testified. She became emotional while reading an email passage about being abused earlier in her life. It was part of a lengthy confessional email she sent to her then-boyfriend in May 2014 about her relationship with Weinstein. She was bawling as she left the courtroom, and her cries could be heard from a nearby witness room. She returned after about a 10-minute break, but continued to weep loudly, resting her head on the witness stand and blotting tears with a tissue. The lead prosecutor tried to console her, but she couldn't continue. Her cross-examination will resume Tuesday.

Court reverses $35M verdict against Jehovah’s Witnesses

The Montana Supreme Court on Wednesday reversed a $35 million judgment against the Jehovah’s Witnesses for not reporting a girl’s sexual abuse to authorities. Montana law requires officials, including clergy, to report child abuse to state authorities when there is reasonable cause for suspicion. However, the state’s high court said in its 7-0 decision that the Jehovah’s Witnesses fall under an exemption to that law in this case. “Clergy are not required to report known or suspected child abuse if the knowledge results from a congregation member’s confidential communication or confession and if the person making the statement does not consent to disclosure,” Justice Beth Baker wrote in the opinion. The ruling overturns a 2018 verdict awarding compensatory and punitive damages to the woman who was abused as a child in the mid-2000s by a member of the Thompson Falls Jehovah’s Witness congregation. The woman had accused the church’s national organization of ordering Montana clergy members not to report her abuse to authorities. The Montana case is one of dozens that have been filed nationwide over the past decade saying Jehovah’s Witnesses mismanaged or covered up the sexual abuse of children.

To overcome travel ban, some Americans taking cases to court

Mohammed Hafar paced around the airport terminal — first to the monitor to check flight arrivals, then to the gift shop and lastly to the doors where international passengers were exiting. At last, out came Jana Hafar, his tall, slender, dark-haired teen daughter who had been forced by President Donald Trump’s travel ban to stay behind in Syria for months while her father, his wife and 10-year-old son started rebuilding their lives in Bloomfield, New Jersey, with no clear idea of when the family would be together again. “Every time I speak to her, she ask, ‘When are they going to give me the visa?’” the elder Hafar said, recalling the days of uncertainty that took up the better part of this year. There was “nothing I could tell her, because nobody knows when.” That she landed at Kennedy Airport on a recent December day was testament to her father’s determination to keep his promise that they would be reunited and his willingness to go as far as suing the government in federal court. Advocates say the process for obtaining a travel ban waiver is still shrouded in unpredictability, which causes delays for thousands of American citizens waiting for loved ones.

Connecticut courts moving notices from newspapers to website

The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience. Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper. It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers. “State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.” The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers. “It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move. Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.

Court Will Hear Trump's Pleas to Keep Financial Records Private

The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign. Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation. The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended. Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.

Justices weigh dismissal of case over New York City gun law

The Supreme Court considered Monday whether to dismiss the first gun rights case it has heard in nearly 10 years, an outcome that would come as a huge relief to gun-control advocates. The justices heard arguments in a dispute over New York City restrictions on transporting licensed, locked and unloaded guns outside the city limits. New York has dropped its transport ban, but only after the high court decided in January to hear the case. Gun-rights groups are hoping a conservative majority fortified by two appointees of President Donald Trump, Justices Neil Gorsuch and Brett Kavanaugh, would use the case to expand on landmark decisions from a decade ago. But the court spent most of the hour trying to determine whether anything is left of the case brought by the National Rifle Association’s New York affiliate and three city residents. Chief Justice John Roberts sought assurances from the city’s lawyer that New York police would not refuse to issue gun licenses to people who have may have violated the old law. In urging the justices to get rid of the case, Richard Dearing, the city’s lawyer, said repeatedly that the city would not prosecute people for or deny licenses based on past violations. The four liberal justices made clear they are likely to vote for dismissal. “So what’s left of this case? Petitioners have gotten all the relief they sought,” said Justice Ruth Bader Ginsburg, on the bench for the first time since a recent two-night hospital stay.