The 2021-2022 Guide to State Court Judicial Clerkship Procedures
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Arkansas Supreme Court
ARKANSAS SUPREME COURT State Contracts Over $50,000 Awarded To Minority Owned Businesses Fiscal Year 2020 None Employment Summary Male Female Total % White Employees 13 29 42 89 % Black Employees 2 1 3 6 % Other Racial Minorities 1 1 2 5 % Total Minorities 5 11 % Total Employees 47 100 % Publications A.C.A. 25-1-201 et seq. Required for Unbound Black & Cost of Unbound Statutory # of Reason(s) for Continued White Copies Copies Produced Name General Authorization Governor Copies Publication and Distribution Produced During During the Last Assembly the Last Two Years Two Years Arkansas Reports/ AR Appellate ACA 16-11-201; AR Supreme N N 0 Publication of the Supreme Court opinions 0 0.00 Reports Court Rule 5-2 ceased with volume 375 Ark/104 Ark. App. These opinions are now published online. IN RE: Arkansas Supreme Court and Court of Appeals Rule 5-2 (May 28, 2009) ARKANSAS SUPREME COURT - 0032 Page 1 Honorable John Dan Kemp, Chief Justice ARKANSAS SUPREME COURT - 0032 Honorable John Dan Kemp, Chief Justice Department Appropriation Summary Historical Data Agency Request and Executive Recommendation 2019-2020 2020-2021 2020-2021 2021-2022 2022-2023 Appropriation Actual Pos Budget Pos Authorized Pos Agency Pos Executive Pos Agency Pos Executive Pos 008 Supreme Court - Operations 5,155,467 48 6,013,886 48 5,329,935 48 5,958,765 48 0 0 5,959,010 48 0 0 C66 SC Bar of Arkansas-Cash 3,753,854 25 5,075,000 25 5,075,000 25 5,279,200 25 0 0 5,279,200 25 0 0 Total 8,909,321 73 11,088,886 73 10,404,935 73 11,237,965 73 0 0 11,238,210 73 0 0 Funding Sources % % % % % % State Central Services 4000035 5,155,467 57.9 6,013,886 54.2 5,958,765 53.0 0 0.0 5,959,010 53.0 0 0.0 Cash Fund 4000045 3,753,854 42.1 5,075,000 45.8 5,279,200 47.0 0 0.0 5,279,200 47.0 0 0.0 Total Funds 8,909,321 100.0 11,088,886 100.0 11,237,965 100.0 0 0.0 11,238,210 100.0 0 0.0 Excess Appropriation/(Funding) 0 0 0 0 0 0 Grand Total 8,909,321 11,088,886 11,237,965 0 11,238,210 0 FY21 Budget amount in 008 exceeds the authorized amount due to salary and matching rate adjustments during the 2019-2021 Biennium. -
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. -
Alaska Supreme Court and Court of Appeals Year in Review 1996
YEAR IN REVIEW Alaska Supreme Court and Court of Appeals Year in Review 1996 TABLE OF CONTENTS I. Introduction .............................................................................. 167 II. A dm inistrative Law ................................................................. 167 A . Public Contracting .................. ..... ............. 167 B. Land Use and Resource Management ........................... 171 C. A dm inistrative Procedure ............................................... 175 III. Business Law ............................................................................ 176 IV . Civil Procedure ........................................................................ 178 A. Timeliness of Prosecution and Appeal .......................... 179 B . M odification of Judgm ent ............................................... 181 C. M iscellaneous .................................................................... 183 V . Constitutional Law .................................................................. 188 A . D ue Process ....................................................................... 188 B . D ouble Jeopardy .............................................................. 191 C. Right to Jury Trial ............................................................ 192 D . M iscellaneous .................................................................... 193 V I. Crim inal Law ............................................................................ 197 A . Constitutional Protections .............................................. -
State Court Caseload Statistics: Annual Report 1988 Xi FIGURE D: Criminal Case Unit of Count Used by the State Trial Courts
AJIIL State court T caseload statistics: Annual Report 1988 Wyoming Conference of State Court Administrators Alabama Alaska Arizl :alifornia Colorado Connecticut Delaware District of Columbia Florida laho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Mary1 Michigan Minnesota Mississippi Missouri Montana Nebraska Nevad; ew Jersey New Mexico New York North Carolina North Dakota Ohia C 'ennsylvania Puerto Rico Rhode Island South Carolina South Dakota ' tah Vermont Virginia Washington West Virginia Wisconsin Wyoming ourt Administrators Alabama Alaska Arizona Arkansas California Coll elaware District of Columbia Florida Georgia Hawaii Idaho Illinois In Kentucky Louisiana Maine Maryland Massachusetts Michigan Mint lissouri Montana Nebraska Nevada New Hampshire New Jersey New orth Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Pui ;land South Carolina South Dakota Tennessee Texas Utah Vermont West Virginia Wisconsin Wyoming Conference of State Court Administratc Arizona Arkansas California Colorado Connecticut Delaware District1 1 NCSC 1 KF i A joint effort of the Conference of State Court Administrators i 180 , .c74 I and the National Center for State Courts : 1988 I c. 2 I bu .CT q IC1 bS glib state court c ,a-- T caseload statistics: Annual Report, 1988 Funding Provided by the STATE JUSTICE INSTITUTE Grant Number SJI 88-07X-067 ~pdcJ-3-clO A joint effort of the Conference of State Court Administrators, State Justice Institute, and the National Center for State Courts’ Court Statistics Project February 1990 Library National Center for State Courts 300 Newport Av~. WilIiarnsburg, VA 231 87-8798 Copyright@by The National Center for State Courts ISBN 0-89656-097-X National Center Publication No. R-115 This report was developed under Grant SJI-88-07X-067 from the State Justice Institute. -
STATE V. JENKINS--FIRST DISSENT
****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** STATE v. JENKINSÐFIRST DISSENT KATZ, J., dissenting. Both the fourth amendment to the United States constitution and article first, § 7, of the Connecticut constitution protect individuals against unreasonable searches and seizures. In this case, it is undisputed that the initial stop of the defendant, Chris- topher Jenkins, for improperly changing lanes was rea- sonable and, therefore, valid under both of these provisions. -
HUGHES, JR., Derivatively ) on Behalf of Nominal Defendant KANDI ) TECHNOLOGIES GROUP, INC., ) ) Plaintiff, ) ) V
EFiled: Apr 27 2020 09:00AM EDT Transaction ID 65600595 Case No. 2019-0112-JTL IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE WILLIAM HUGHES, JR., Derivatively ) on Behalf of Nominal Defendant KANDI ) TECHNOLOGIES GROUP, INC., ) ) Plaintiff, ) ) v. ) C.A. No. 2019-0112-JTL ) XIAOMING HU, XIAOYING ZHU, ) CHENG WANG, BING MEI, JERRY ) LEWIN, HENRY YU, LIMING CHEN, ) ) Defendants, ) ) and ) ) KANDI TECHNOLOGIES GROUP, ) INC., ) ) Nominal Defendant. ) MEMORANDUM OPINION Date Submitted: February 6, 2020 Date Decided: April 27, 2020 Michael Van Gorder, FARUQI & FARUQI LLP, Wilmington, Delaware; Demet Basar, Veronica Bosco, WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP, New York, New York; Daniel B. Rehns, Kathryn A. Hettler, HACH ROSE SCHIRRIPA CHEVERIE LLP, New York, New York; Counsel for Plaintiff. Stamatios Stamoulis, STAMOULIS & WEINBLATT, LLC, Wilmington, Delaware; Richard J.L. Lomuscio, RIKER, DANZIG, SCHERER, HYLAND & PERRETTI LLP, New York, New York; Counsel for Defendants Xioaming Hu, Xiaoying Zhu, Cheng Wang, Bing Mei, Jerry Lewin, Henry Yu, and Liming Chen. LASTER, V.C. Kandi Technologies Group, Inc. (the “Company”) is a publicly traded Delaware corporation based in China. The Company has struggled persistently with its financial reporting and internal controls, encountering particular difficulties with related-party transactions. The complaint describes problems dating back to 2010. In March 2014, the Company publicly announced the existence of material weaknesses in its financial reporting and oversight system, including a lack of oversight by the Audit Committee and a lack of internal controls for related-party transactions. The Company pledged to remediate these problems. Instead, in March 2017, the Company disclosed that its preceding three years of financial statements needed to be restated. -
A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants
American Indian Law Journal Volume 4 Issue 1 Article 4 12-15-2015 A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants Gregory D. Smith J.D. Follow this and additional works at: https://digitalcommons.law.seattleu.edu/ailj Part of the Courts Commons, and the Indian and Aboriginal Law Commons Recommended Citation Smith, Gregory D. J.D. (2015) "A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants," American Indian Law Journal: Vol. 4 : Iss. 1 , Article 4. Available at: https://digitalcommons.law.seattleu.edu/ailj/vol4/iss1/4 This Article is brought to you for free and open access by the Student Publications and Programs at Seattle University School of Law Digital Commons. It has been accepted for inclusion in American Indian Law Journal by an authorized editor of Seattle University School of Law Digital Commons. A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants Cover Page Footnote Gregory D. Smith, [J.D., Cumberland School of Law, 1988; B.S., Middle Tennessee State University, 1985; Special Courts Certification, National Judicial College, 2014], is a Justice on the Pawnee Nation Supreme Court in Oklahoma and the Alternate Judge on the Gila River Indian Community Court of Appeals in Arizona. Each court is the highest appellate court in their respective tribal nations. Both positions are part-time judgeships. Mr. Smith also has a law practice in Clarksville, Tennessee and is the part-time municipal judge for Pleasant View, Tennessee. Judge Smith has presented between 650–700 appeals for courts all over the United States. -
Rules of the Supreme Court of the State of Delaware Part I
RULES OF THE SUPREME COURT OF THE STATE OF DELAWARE PART I. THE COURT Rule 1. Term of Court. There shall be 1 term of the Court which shall coincide with the calendar year. Oral arguments will be scheduled as provided in Rule 16(c) or as otherwise ordered by the Court. Rule 2. Quorum; seniority. (a) Quorum. —A quorum of the Court en Banc shall be 5 and a quorum of the Court sitting as a panel shall be 3. A former Justice of the Supreme Court or an active constitutional judge may be assigned to complete a quorum as provided in Article IV, § 12 and § 38 of the Constitution. (b) Seniority. —Seniority of active Justices of the Court shall be determined under the provisions of Article IV, § 2 of the Constitution. Active Justices shall be senior in rank to former Justices, or judges of the constitutional courts designated to serve under Article IV, §§ 12 and 38 of the Constitution. Rule 3. Powers of individual Justices. (a) Decisions or orders of the Court. —Except for decisions or orders entered pursuant to paragraph (b) of this Rule, a decision or order of the Court which will determine or terminate the case shall not be made or entered unless concurred in by a majority of the Court. (b) Decisions or orders of the Court by a single Justice. —A decision or order of the Court may be made by 1 Justice when: (1) The decision or order does not terminate the case; or (2) All parties consent to the termination of the case. -
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. -
The Appellate Court of Illinois
DePaul Law Review Volume 28 Issue 3 Spring 1979 Article 3 Stare Decisis among [Sic] the Appellate Court of Illinois Taylor Mattis Kenneth G. Yalowitz Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Taylor Mattis & Kenneth G. Yalowitz, Stare Decisis among [Sic] the Appellate Court of Illinois , 28 DePaul L. Rev. 571 (1979) Available at: https://via.library.depaul.edu/law-review/vol28/iss3/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. STARE DECISIS AMONG [SIC] THE APPELLATE COURT OF ILLINOIS *Taylor Mattis **Kenneth G. Yalowitz What precedential impact should be accorded to decisions of the Appel- late Court of Illinois? Authors Mattis and Yalowitz examine the Illinois history of the stare decisis doctrine as it relates to Illinois appellate deci- sions. They demonstrate the inadequacy of the present Illinois approach, which requires trial courts to follow appellate court decisions of any divi- sion while those divisions remain free to adopt conflicting positions. Alter- native approaches to this question are then analyzed in detail. The authors conclude by recommending a two-pronged approach. First, all appellate court divisions should recognize decisions of coordinate divisions as bind- ing unless clearly erroneous. Second, if an appellate division decides that a decision of a coordinate division was erroneous, its contrary opinion should be regarded as having overruled the prior decision.