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Veterans court may be collateral damage in immigration fight
Legal Interview | 2019/03/15 02:25
Three decades ago, Lori Ann Bourgeois was guarding fighter jets at an air base. After her discharge, she fell into drug addiction. She wound up living on the streets and was arrested for possession of methamphetamine.

But on a recent day, the former Air Force Security Police member walked into a Veterans Treatment Court after completing a 90-day residential drug treatment program. Two dozen fellow vets sitting on the courtroom benches applauded. A judge handed Bourgeois a special coin marking the occasion, inscribed with the words “Change Attitude, Change Thinking, Change Behavior.”

The program Bourgeois credits for pulling her out of the “black hole” of homelessness is among more than three dozen Oregon specialty courts caught in a standoff between the state and federal government over immigration enforcement.

The Trump administration in 2017 threatened to withhold law enforcement grants from 29 cities, counties or states it viewed as having “sanctuary” policies that limit cooperation with federal immigration agents. Today, all those jurisdictions have received or been cleared to get the money, except Oregon, which is battling for the funds in federal court.

The Veterans Treatment Court in Eugene and 40 other specialty courts, including mental health and civilian drug programs, risk losing all or part of their budgets, said Michael Schmidt, executive director of Oregon’s Criminal Justice Commission, which administers the money.

The commission has managed to keep the courts funded through July, Schmidt said. Unless the Trump administration relents or is forced by court order to deliver the money, or the Oregon Legislature comes up with it, the commission must make “horrible, tough decisions” about where to make the cuts, Schmidt said.

Speaking in her small office in the Eugene courthouse, specialty courts coordinator Danielle Hanson said if the veterans court budget is cut, the vets would have to start paying for drug treatment, and they would be deprived of housing resources and travel funds to go to residential treatment facilities as far as 330 miles (530 kilometers) away. Some veterans might even be turned away.


Japan court OK's Nissan ex-Chairman Ghosn's release on bail
Legal Interview | 2019/03/06 03:45
A Tokyo court approved the release of former Nissan Chairman Carlos Ghosn on 1 billion yen ($8.9 million) bail on Tuesday, rejecting an appeal by prosecutors to keep him jailed, a lawyer for the auto executive said.

He could be freed as soon as Wednesday morning, according to Japan's Kyodo News.

Jean-Yves Le Borgne, Ghosn's French lawyer, said a court issued a late-night ruling rejecting prosecutors' appeal of the initial ruling. Le Borgne cautioned that prosecutors still had leeway to file new charges as they had done once before.

Ghosn said in a written statement that he is grateful for his family and friends who had stood by him "throughout this terrible ordeal."

He said he is "innocent and totally committed to vigorously defending myself in a fair trial against these meritless and unsubstantiated accusations."

The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust.

His Japanese lawyer, Junichiro Hironaka, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent.

Hironaka said the legal team "proposed concrete ways showing how he would not tamper with evidence or try to flee."

Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter.

In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence.

The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan.

Among the conditions for Ghosn's release were restrictions on where he can live, his mobile phone use, as well as a ban on foreign travel and contact with Nissan executives, according to Kyodo News.


Oregon's high court: Developers can't offset harm to farmers
Legal Interview | 2019/03/02 03:46
The Oregon Supreme Court has ruled that negative impacts on Oregon's farmers from non-farm development can't be offset by making payments.

The Capital Press reported Friday that the court also ruled this week that it's not enough for a development to avoid taking away agriculturally-zoned land. A project also can't change costs or agricultural practices for farmers.

The ruling settles a lawsuit filed over a planned expansion of a landfill in Yamhill County that would affect nearby farms and orchards.

Waste Management, the owner of the Riverbend Landfill, is reviewing the Oregon Supreme Court's ruling.



Court to rule on car rental tax imposed in Maricopa County
Legal Interview | 2019/02/17 01:41
The Arizona Supreme Court is scheduled to release a decision Monday in a challenge of a car rental tax surcharge imposed in Maricopa County to pay for building a football stadium and other sports and recreational facilities.

The state’s highest court said last year that it would review a lower court’s ruling that concluded the surcharge is legal.

Attorneys for car rental companies had argued that a constitutional provision meant the surcharge revenue can be used only to build and maintain roads.

The surcharge partially funds the Arizona Sports and Tourism Authority. The agency uses the money to help pay off bonds for the stadium where the Arizona Cardinals play, along with baseball spring training venues and youth sports facilities.


Florida school shooting suspect due back in court
Legal Interview | 2019/02/16 19:42
Florida school shooting suspect Nikolas Cruz is due back in court for a status hearing on his death penalty case.

The hearing is set Thursday afternoon in Broward County Circuit Court. A number of matters could come up ranging from the pace of defense interviews of witnesses to a potential setting of a tentative trial date.

The 20-year-old Cruz is accused of killing 17 people and wounding 17 others in last year's massacre at Marjory Stoneman Douglas High School. He is also accused of assaulting a jail corrections officer.

Cruz's attorneys have said he will plead guilty in return for a life prison sentence. Prosecutors have insisted instead on seeking the death penalty.


Changed Supreme Court weighing Louisiana abortion clinic law
Legal Interview | 2019/02/03 03:18
The outcome of a fight over a Louisiana law regulating abortion providers could signal whether a fortified conservative majority on the Supreme Court is willing to cut back on abortion rights.

The high court is expected to decide in the next few days whether the state can begin enforcing a law requiring doctors who work at abortion clinics to have admitting privileges at a nearby hospital. It was passed in 2014, but has never taken effect.

The Supreme Court struck down a similar law in Texas three years ago. But the court's lineup has changed since then. Two appointees of President Donald Trump have joined the bench and Justice Anthony Kennedy has retired. Kennedy voted to strike down the Texas law.


Appeals court reopens case involving payment to law firm
Legal Interview | 2019/01/27 03:25
An appeals court on Friday ordered more proceedings in a legal fight involving Kentucky's governor and two of his political rivals over a $4 million payment to a law firm for negotiating a settlement on behalf of the state with the maker of OxyContin.

A three-judge Kentucky Court of Appeals panel ruled unanimously that a summary judgment previously granted in the case was "premature" because it didn't allow more information to be reviewed. The ruling returned the case to a lower court, where it could have implications in this year's governor's race.

"In this case, there was no opportunity to take discovery," Judge Christopher Shea Nickell said in writing for the appeals court panel.

"Since there was no discovery, obviously there was no 'ample opportunity to complete discovery.' ... Thus, we do not even reach the question of whether there were any material issues of fact precluding summary judgment," he added.

The ruling keeping the case alive drew quick praise from Republican Gov. Matt Bevin's administration. Bevin's general counsel, Steve Pitt, said additional information could shed light on why Kentucky's lawsuit against a large pharmaceutical company was settled "for pennies on the dollar."

The case also involves Attorney General Andy Beshear, who already has declared himself a candidate for governor as a Democrat. Bevin and Beshear have been embroiled in several lawsuits since they took office. Bevin filed papers Friday to run for a second term.


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