USLegal Reporter

U.S. District Judge Colleen Kollar-Kotelly ruled that the Freedom of Information Act doesn’t apply to the Office of Administration. Citizens for Responsibility and Ethics in Washington (CREW) and the National Security Archive have sued the Executive Office of the President (EOP), claiming that the EOP has failed to comply with legal obligations by not taking proper measures to ensure the preservation of electronic records.

Since the Office of Administration was created in 1978 it has responded to FOIA requests. CREW claims that the Bush administration reversed that policy in August 2007. While the White House has acknowledged problems with the email system, it claimed that any missing records were available on tape backups.

Source: http://www.lexisone.com/news/ap/ap061708g.html

A Richmond, Virginia judge Tuesday approved a settlement between the state and the families that lost loved ones and those who were injured in the Virginia Tech killings. Among other terms, the settlement consists of $11 million being distributed among 24 families and 18 injured persons, with $100,000 going to each family whose relative died in the killings and to each severely injured person. Those with less severe injuries will receive a reduced amount. 

Additional funds will be set aside to cover costs of medical and mental treatment of the victims and a memorial hardship trust fund will be open for five years for those who prove through mediation that they deserve more than the allotted amount. Four families chose not to participate in the settlement.

Source: http://news.findlaw.com/ap/other/1110/06-17-2008/20080617140502_20.html

http://www.wdbj7.com/Global/story.asp?S=8513945&nav=menu368_2

In Texas, Justice of the Peace Gustavo Garza has been ordered to temporarily cease offering paddling as an option to paying a fine for a juvenile offense. District Judge Abel Limas ruled that the option of paddling may not be offered until the issue is decided. A lawsuit was filed about the practice by the parents of a 15-year-old Los Fresnos girl who was charged with truancy. The parents claim that offering a choice to pay a fine of $500 or paddle the child in open court was not a valid choice. The justice of the peace defended the practice and claims that 98% of parents opted for paddling.

Source: http://www.newsvine.com/_news/2008/06/11/1565083-texas-justice-of-peace-must-stop-paddling-in-court

As a result of an undercover investigation, New York’s Attorney General, Andrew Cuomo, Tuesday announced an agreement with three of the largest internet service providers (Verizon, Sprint and Time Warner Cable) to block consumer access to child pornography websites and newsgroups. (The National Center for Missing and Exploited Children identifies child pornography sites through a regularly updated registry. Newsgroups are online public bulletin boards used to upload and download files). The providers also agreed to collectively contribute more than $1 million to additional efforts to remove online child pornography.

Cuomo also helped investigate child pornography found on the social networking site, MySpace and establish safeguards to protect users of Facebook, as well as sponsored legislation in New York to increase protection for children from online sexual predators.

Source: http://news.findlaw.com/ap/high_tech/1700//06-10-2008/20080610073502_20.html

In Cook County, Illinois, animal abuse cases are increasing. As their numbers rise, some citizens are stepping in to speak for those who are unable to do so for themselves. In Illinois, they are known as Dog Advisory Work Group Court Advocates, or DAWGs. Any citizen at least 18 years old is eligible to advocate on behalf of an abused animal. Advocates are trained in animal abuse laws and sentencing guidelines and may intervene when the crimes aren’t being properly punished.

The increase in animal abuse cases stems from the jurisdiction’s newly strengthened animal abuse laws. Animal abuse cases involve dog-fighting, neglect, sexual abuse, and other types of inhumane mistreatment.

Source: http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=607&docId=l:l:804119361&topicId=12755&source=undefined&start=4&topics=single

The city of Canton, Ohio has enacted a law that makes a second violation for not mowing the lawn a fourth degree misdemeanor offense punishable by up to $250 and 30 days in jail. More than 8 inches constitutes high grass or weeds, according to city law. The law was passed to alleviate the city’s burden of having to mow roughly 2,000 private lots at at cost of around $250,000, as well as address complaints from the public, according to Councilman Greg Hawk. Under the old law, only a first violation was an offense, punishable as a minor misdemeanor with up to a $150 fine and no jail time.

The growing number of foreclosures has contributed to the high grass problem. Properties under the control of the bank in a foreclosure may present difficulties for enforcing the law, due to the difficulties in jailing a bank or corporation. While jail time is not an easily enforced remedy against such a legal entity, it is theoretically possible to trace the entity to a responsible individual.

Source: http://news.findlaw.com/ap/other/features/1120//06-03-2008/20080603045004_27.html

The Democratic National Committee Rules and Bylaws Committee voted on Saturday to seat delegations from Michigan and Florida at this year’s national convention. However, delegates will only have half a vote. Michigan and Florida had been stripped of their delegates earlier this year as a penalty for holding their primaries early in violation of DNC rules.

The total number of delegate votes now needed to secure the Democratic nomination for President is 2,118.

As of today, neither Barack Obama nor Hillary Clinton had enough delegates to secure the nomination.

Source: http://democrats.org/a/2008/06/rbc_reaches_agr.php

California officials at the state’s Office of Vital Records have given permission for county clerks to begin issuing gay marriages licenses starting on June 17, 2008. The state Supreme Court has until the end of business on June 16 to decide whether to grant a stay of its ruling which legalizes gay marriage. New forms for marriage licenses will include blanks for “Party A” and “Party B”, rather than bridge and groom.

Those opposed to gay marriage have asked the court to stay its decision until after the November election, when voters are likely to vote on a ballot initiative that would restore the definition of marriage as a union between a man and a woman. If the initiative passes, it would overrule the Supreme Court. In the Field Poll, released after the Supreme Court ruling legalizing gay marriage, 51 percent of respondents backed legalizing same-sex marriage and 42 percent opposed it.

Source: http://news.findlaw.com/ap/other/1110//05-28-2008/20080528125005_113.html

An Ohio judge has agreed to release a man jailed for his daughter’s truancy if if his daughter Brittany attends a GED preparatory class and schedules the test before the next court date. Brittany Gegner, now 18, has a history of skipping large amounts of school since she was in fifth or sixth grade, according to Butler County Judge David Niehaus. The problem continued after she became pregnant and bore a child, officials and relatives said. Records show she had 31.5 unexcused absences and was tardy 27 times in 2005-06 alone.The father, Brian Gegner, was ordered months ago to make sure his daughter passed the GED test. Due to the failure to do so, Gegner received a 180-day sentence for contributing to the unruliness or delinquency of a minor. Gegner must return to court July 16. Judge Niehaus has ruled that he will go back to jail that day unless Brittany attends the classes as arranged. Under Ohio’s truancy law, parents and legal custodians whose children repeatedly fail to attend school can receive punishments including mandatory parenting classes, community service, fines and jail time. In 2007, 11 people were jailed in Butler county alone for failing to send their children for school. Judge Niehaus stated that Brittany’s mother wasn’t charged because Brian Gegner was the parent with legal custody and the responsibility in this case.

Source: http://news.findlaw.com/ap/other/features/1120//05-16-2008/20080516113503_10.html

Minnesota has joined several other states in passing anti-REAL ID legislation this week. The Minnesota House of Representatives and Senate passed a bill that prohibits the state’s department of public safety from implementing REAL ID requirements for state driver’s licenses due to concerns relating to privacy and costs of complying with the law.

Source: http://jurist.law.pitt.edu/paperchase/2008/05/minnesota-house-senate-pass-bill.php; https://www.revisor.leg.state.mn.us/revisor/pages/search_status/status_detail.php?b=House&f=HF3807&ssn=0&y=2007