Honorable Nathan L. Hecht Chief Justice of Texas PRESIDENT-ELECT
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The Fellows of the American Bar Foundation
THE FELLOWS OF THE AMERICAN BAR FOUNDATION 2015-2016 2015-2016 Fellows Officers: Chair Hon. Cara Lee T. Neville (Ret.) Chair – Elect Michael H. Byowitz Secretary Rew R. Goodenow Immediate Past Chair Kathleen J. Hopkins The Fellows is an honorary organization of attorneys, judges and law professors whose pro- fessional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. Established in 1955, The Fellows encourage and support the research program of the American Bar Foundation. The American Bar Foundation works to advance justice through ground-breaking, independ- ent research on law, legal institutions, and legal processes. Current research covers meaning- ful topics including legal needs of ordinary Americans and how justice gaps can be filled; the changing nature of legal careers and opportunities for more diversity within the profession; social and political costs of mass incarceration; how juries actually decide cases; the ability of China’s criminal defense lawyers to protect basic legal freedoms; and, how to better prepare for end of life decision-making. With the generous support of those listed on the pages that follow, the American Bar Founda- tion is able to truly impact the very foundation of democracy and the future of our global soci- ety. The Fellows of the American Bar Foundation 750 N. Lake Shore Drive, 4th Floor Chicago, IL 60611-4403 (800) 292-5065 Fax: (312) 564-8910 [email protected] www.americanbarfoundation.org/fellows OFFICERS AND DIRECTORS OF THE Rew R. Goodenow, Secretary AMERICAN BAR FOUNDATION Parsons Behle & Latimer David A. -
Lisa Brown OAKLAAND COUNTY CLERK/REGISTER of DEEDS
Lisa Brown OAKLAAND COUNTY CLERK/REGISTER OF DEEDS www.oakgov.com/clerkrod DearDear Oakland Community County County Member, Resident: Resident: II’mIt'm is honoredhonored my privilege toto serveserve to serve as as your ytheour peopleClerk/Register Clerk/Re of Oaklandgister of ofDeeds. County Deeds. Inside and Inside my this pleasure thisdirectory director and you honory willyou to findwillpresent districtfind you district maps,with mcontacttheaps, 2019 contact information Oakland information County for county Directory. for departmentscounty departments and state, and county state, and count localy andelected local officials, elected as officials, well as theas offices of our cities, villages and townships - plus facts about the programs and services offered by the wcounty.ell as the offices of our cities, villages and townships - plus facts about the programs and services oOurffered Super by the Index count andy. Property Records Notification (PRN) service continue to receive national Innovativerecognition. Customer Property fraudService continues to occur so I encourage Oakland County homeowners to empower Innovatthemselvesive Cbyustomer signing Superv foric ePRN. This free service sends an email to enrollees when something is I’mrecorded responding in the toOakland the needs County of residents Register by of making Deeds servicesoffice affectingmore convenient their property. and accessible Create your to everyone, account by visiting www.ocmideeds.com. Iespecially'm respon studentsding to andthe seniors.needs of residents by making services more convenient and accessible to everyone, especially students and seniors. We’veElections expanded happen our every Local year Office – be Visits in the program, know so bringingyou can servicesnever miss to locationsa chance acrossto exercise Oakland your County right includingto vote! Visit community our website centers, at www.oakgov.com/clerkschools, and senior centers. -
Unfunded Mandates: a Unifying Principle of All Counties Ecounty Lines | November 2020
Protection from Unfunded Mandates: A Unifying Principle of All Counties eCounty Lines | November 2020 There are various protections in place for local governments from unfunded mandates, both in state statute, as well as the execution of laws by the Governor and his departments. However, there is no absolute protection. Collectively, commissioners—assisted by Colorado Counties Inc.—are the strongest defense against unfunded mandates. A statute enacted in 1991 prohibits unfunded mandates, with some exceptions. “No new state mandate or an increase in the level of service…shall be mandated by the general assembly or any state agency on any local government unless the state provides additional moneys to reimburse such local government for the costs …such mandate or increased level of service for an existing state mandate shall be optional on the part of the local government” (CRS 29-1-304.5). The Colorado Taxpayers Bill of Rights (TABOR) took this statute a step further by allowing local governments to end their participation in a program, if funding was inadequate. “Except for public education through grade 12 or as required of a local district by federal law, a local district may reduce or end its subsidy to any program delegated to it by the general assembly for administration” (Article X, Section 20(9)). Unfortunately, in 1995 these two provisions were defeated twice via State Supreme Court decisions. In the first case, Weld County attempted to withhold their portion of payments towards a public assistance program administered through the county. However, the court did not find this payment to be a subsidy (as referenced in TABOR) and declared that as an arm of the state, counties were essentially part of the state and therefore could not subsidize themselves, so the exemption was not allowed [Romer v. -
50 State Survey(Longdoc)
AGREEMENTS TO INDEMNIFY & GENERAL LIABILITY INSURANCE: A Fifty State Survey WEINBERG WHEELER H U D G I N S G U N N & D I A L TABLE OF CONTENTS Introduction 1 Alabama 4 Alaska 7 Arizona 12 Arkansas 15 California 19 Damages arising out of bodily injury or death to persons. 22 Damage to property. 22 Any other damage or expense arising under either (a) or (b). 22 Colorado 23 Connecticut 26 Delaware 29 Florida 32 Georgia 36 Hawaii 42 Idaho 45 Illinois 47 Indiana 52 Iowa 59 Kansas 65 Kentucky 68 Louisiana 69 Maine 72 Maryland 77 Massachusetts 81 Michigan 89 Minnesota 91 Mississippi 94 Missouri 97 Montana 100 Nebraska 104 Nevada 107 New Hampshire 109 New Jersey 111 New Mexico 115 New York 118 North Carolina 122 North Dakota 124 Ohio 126 Oklahoma 130 Oregon 132 Pennsylvania 139 Rhode Island 143 South Carolina 146 South Dakota 150 Tennessee 153 Texas 157 Utah 161 Vermont 165 Virginia 168 Washington 171 West Virginia 175 Wisconsin 177 Wyoming 180 INTRODUCTION Indemnity is compensation given to make another whole from a loss already sustained. It generally contemplates reimbursement by one person or entity of the entire amount of the loss or damage sustained by another. Indemnity takes two forms – common law and contractual. While this survey is limited to contractual indemnity, it is important to note that many states have looked to the law relating to common law indemnity in developing that state’s jurisprudence respecting contractual indemnity. Common law indemnity is the shifting of responsibility for damage or injury from one tortfeasor to another -
Emergency Order Regarding Court Services
In the Supreme Court of the State of Idaho RE: EMERGENCY ORDER ) ORDER REGARDING COURT ) June24,202l SERVICES ) Over the last l5 months, this Court has issued a series of emergency orders intended to address the substantial health and safety risks faced by the public accessing the courts, court personnel, and participants in court proceedings caused by the community spread of the coronavirus. Since the issuance of those orders, vaccines reducing the risks of COVID-19 have become available throughout the state of Idaho. The incidence rate of COVID-19 infection throughout the state has also reduced. The Court continues to monitor the data and information related to the coronavirus, COVID-19, and its variants, and will adjust court operations orders as becomes prudent with the changing circumstances. In light of the improving circumstances, we have concluded that further modification of our emergency orders is now warranted. In order to continue to foster public safety and reduce the risk of the spread of coronavirus and the incidence of COVID-l9 and its variants, court operations shall be governed by the following rules until further order of the Court: 1. Weeklv Publication of COVID-l9 Incidence Rates: The Data and Evaluation Unit of the Administrative Office of Courts shall utilize data obtained from the Idaho Department of Health and Welfare's COVID-I9 Data Dashboard, and shall determine the weekly COVID-]! incidence rates for each county every Thursday evening after 5:00 p.m. Mounrain Time. The weekly COVID-l9 incidence rates shall be published to the Administrative District Judges and Trial Court Administrators on Friday mornings of each week. -
Iron County Heads to Polls Today
Mostly cloudy High: 49 | Low: 32 | Details, page 2 DAILY GLOBE yourdailyglobe.com Tuesday, April 4, 2017 75 cents Iron County TURKEY STRUT heads to polls today By RICHARD JENKINS sor, three candidates — incum- [email protected] bent Jeff Stenberg, Tom Thomp- HURLEY — Iron County vot- son Jr. and James Schmidt — ers head to the polls today in a will be vying for two town super- series of state and local races. visor seats. Mercer Clerk Chris- At the state level, voters will tan Brandt and Treasurer Lin decide between incumbent Tony Miller are running unopposed. Evers and Lowell Holtz to see There is also a seat open on who will be the state’s next the Mercer Sanitary Board, how- superintendent of public instruc- ever no one has filed papers to tion. Annette Ziegler is running appear on the ballot. unopposed for another term as a The city of Montreal also has justice on the Wisconsin two seats up for election. In Supreme Court. Ward 1, Joan Levra is running Iron County Circuit Court unopposed to replace Brian Liv- Judge Patrick Madden is also ingston on the council, while running unopposed for another Leola Maslanka is being chal- term on the bench. lenged by Bill Stutz for her seat Iron County’s local municipal- representing Ward 2. ities also have races on the ballot The other town races, all of — including contested races in which feature unopposed candi- Kimball, Mercer and Montreal. dates, are as follows: In Kimball, Town Chairman —Anderson: Edward Brandis Ron Ahonen is being challenged is running for chairman, while by Joe Simonich. -
Arizona Courts
If you have issues viewing or accessing this file, please contact us at NCJRS.gov. THE FUTURE OF '-. ARIZONA COURTS Report of ,..................................................... : .... THE COMMISSION ON THE COURTS : .... ; '. · \ REPORT OF THE COMMISSION ON THE COURTS 1989 120983 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or pOlicies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by A r j z on a Snp..r.e.rne-c.uur.:./-'-___ to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis sion of the copyright owner. Arizona Supreme Court COMMISSION ON THE COURTS 1314 North 3rd Street, Suite 330, Phoenix, Arizona 85004, (602) 255-2136 The Honorable Frank: X. Gordon, Jr. Chief Justice Arizona Supreme Court 201 West Wing, State Capitol Phoenix,Arizona85007 Dear Chief Justice Gordon: I am privileged to present to you the report of the Arizona Supreme Court's Commission on the Courts. This report reflects the action-oriented vision shared by the Executive Committee and the various Task Forces for shaping the direction of Arizona's courts into the next decade and beyond. We believe the evaluations and suggestions of the report reflect the need for a balance between continuity and adaptability in the judiciary; between the need for stability and a realistic appraisal of the changes necessary as we face a new century. -
SUPREME COURT of ARIZONA En Banc ) Arizona Supreme Court ) No
SUPREME COURT OF ARIZONA En Banc ) Arizona Supreme Court ) No. WC-11-0001-IR IN RE GENERAL ADJUDICATION ) OF ALL RIGHTS TO USE WATER IN ) Maricopa County Superior THE GILA RIVER SYSTEM AND SOURCE ) Court Case Nos.: W-1, W-2, ) W-3 and W-4 ) (Consolidated) (Gila) IN RE GENERAL ADJUDICATION ) [Contested Case OF ALL RIGHTS TO USE WATER IN ) No. W1-104] THE LITTLE COLORADO RIVER SYSTEM ) AND SOURCE ) Apache County Superior ) Court Case No. 6417 (LCR) ) [Contested Case ) No. 6417-100] ) ) ) O P I N I O N __________________________________) Review from the Superior Court in Apache County and Maricopa County The Honorable Eddward P. Ballinger, Jr., Judge AFFIRMED ________________________________________________________________ THOMAS C. HORNE, ARIZONA ATTORNEY GENERAL Phoenix By Thomas C. Horne, Attorney General Theresa M. Craig, Assistant Attorney General Attorneys for the State of Arizona THE SPARKS LAW FIRM PC Scottsdale By Joe P. Sparks Laurel A. Herrmann Attorneys for the San Carlos Apache Tribe and Tonto Apache Tribe SALMON LEWIS & WELDON PLC Phoenix By M. Byron Lewis John B. Weldon, Jr. Mark A. McGinnis Attorneys for Salt River Project Agricultural Improvement and Power District and Salt River Valley Water Users’ Association SALMON LEWIS & WELDON PLC Phoenix By Paul R. Orme Attorney for Central Arizona Irrigation and Drainage District and Maricopa-Stanfield Irrigation & Drainage District SNELL & WILMER LLP Phoenix By L. William Staudenmaier, III Andrew M. Jacobs Attorneys for Arizona Public Service Company, Freeport- McMoran Corporation, Roosevelt Water Conservation District POLSINELLI SHUGHART PC Phoenix By Lucas J. Narducci Margaret LaBianca Attorneys for BHP Copper Inc. ENGELMAN BERGER PC Phoenix By William H. -
141097NCJRS.Pdf
If you have issues viewing or accessing this file contact us at NCJRS.gov. .. ,. .... ... ... • ... 'r .. .., ~~ • -- .. -•• •... --• ""' - • .. .. .. ·r ,.. .. ~ .. ., J' -- ., I - - I . 4" '. • ~ ". ',.. • •~ ~ • ~ 'I -.,,- <.. • - • I. - • --"~ ,'pi.. alaska judicial council 1029 W. Third Avenue, Suite 201, Anchorage, Alaska 99501-1917 (907) 279-2526 FAX (907) 276-5046 EXECUTIVE DIRECTOR NON-ATIORNEY MEMBERS William T. Cotton Jim A. Arnesen David A. Dapcevich Leona Dkakok ATIORNEY MEMBERS Mark E. Ashburn Daniel L. Callahan Thomas G. Nave CHAIRMAN. EX OFFICIO Daniel A. Moore, Jr. Chief Justice Supreme Court Message From the Executive Director We are pleased to present the Alaska Judicial Council's Sixteenth Report to the Legislature and Supreme Court for the years 1991 and 1992. The Council reports biennially on its dual constitutional responsibilities of nominating candidates for judicial vacancies and of making reports and recommendations to the supreme court and legislature. The report also covers the statutory mandate to evaluate judges standing for retention and applicants for the Public Defender. This report includes a brief narrative section that summarizes Council activities during 1991 and 1992, and a series of appendices. The appendices include a current listing of statutory and constitutional law affecting the Judicial Council, a log of judicial applicants, nominees and appointees, a log of all sitting judges and their retention election dates, and summaries of Council procedures for judicial selection and retention evaluation. Summaries of the Council's major reports during 1991 and 1992 also are included as appendices. The Judicial Council welcomes your comments and questions about this report. Very truly yours, ~;('~ William T. Cotton Executive Director 141097 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. -
Vicarious Aggravators Sam Kamin
Florida Law Review Volume 65 | Issue 3 Article 3 May 2013 Vicarious Aggravators Sam Kamin Justin Marceau Follow this and additional works at: http://scholarship.law.ufl.edu/flr Part of the Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Sam Kamin and Justin Marceau, Vicarious Aggravators, 65 Fla. L. Rev. 769 (2013). Available at: http://scholarship.law.ufl.edu/flr/vol65/iss3/3 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Kamin and Marceau: Vicarious Aggravators VICARIOUS AGGRAVATORS Sam Kamin∗ & Justin Marceau∗∗ Abstract In Gregg v. Georgia, the Supreme Court held that the death penalty was constitutional so long as it provided a non-arbitrary statutory mechanism for determining who are the worst of the worst, and therefore, deserving of the death penalty. As a general matter, this process of narrowing the class of death eligible offenders is done through the codification of aggravating factors. If the jury finds beyond a reasonable doubt that one or more aggravating factors exists, then a defendant convicted of murder is eligible for the ultimate sentence. There is, however, a critical, unanswered, and under-theorized issue raised by the use of aggravating factors to serve this constitutionally mandated filtering function. Can death eligibility be predicated on vicarious aggravating factor liability—is there vicarious death penalty liability? A pair of cases, collectively known as the Supreme Court’s Enmund/Tison doctrine, recognize that there is no per se bar on the imposition of the death penalty for non-killing accomplices. -
The 2021-2022 Guide to State Court Judicial Clerkship Procedures
The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community. -
SJI Newsletter May 2019 | Volume 29, No
SJI Newsletter May 2019 | Volume 29, No. 8 Civil Justice Initiative Pilot Project Releases Miami-Dade Evaluation In November 2016, the Circuit Civil Division of the Eleventh Judicial Circuit Court of Florida implemented the Civil Justice Initiative Pilot Project (CJIPP) to test the impact of Civil Case Management Teams (CCMTs) on civil case processing. CCMTs were envisioned as an essential component of civil justice reform in the report and recommendations of the CCJ Civil Justice Improvements Committee. With SJI support, the CJIPP created four CCMTs, each consisting of a judge, a case manager, a judicial assistant, and a bailiff. The CCMTs developed a standardized case management process to streamline administrative tasks, triage cases into appropriate case management pathways, and monitor case progress. The remaining 21 judges in the Circuit Civil Division continued to manage civil caseloads under traditional case processing practices and staffing assignments, providing a baseline for comparison. To assess the impact of CJIPP, the National Center for State Courts (NCSC) conducted an outcome evaluation that compared the outcomes of cases assigned to the CJIPP teams with those assigned to the non- CJIPP judges (baseline). The NCSC found that CJIPP cases closed at a significantly higher rate, and approximately five months earlier on average than baseline cases. Shortly after the initial launch of the pilot program, the CJIPP cases experienced a temporary increase in the number of court hearings and case management conferences as lawyers in the CJIPP cases requested modifications to case management orders, including continuances or extensions of time to complete litigation tasks; however, the frequency of these case events returned to normal levels within three months.