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Husband of high court candidate begins prison sentence
U.S. Court News | 2021/04/08 14:48
The husband of a Pennsylvania appellate court judge who is running for the state’s highest court began serving a prison sentence Tuesday in a long-running case, authorities said.

Charles McCullough’s incarceration comes as voters decide whether to back his wife in her bid for an open seat on Pennsylvania’s Supreme Court.

Commonwealth Court Judge Patricia McCullough is seeking the Republican nomination in May 18′s primary election against two fellow Republican judges.

On Monday, the state Supreme Court denied Charles McCullough’s latest appeals. He is currently representing himself.

Allegheny County District Attorney Stephen Zappala’s office said McCullough reported as ordered Tuesday morning and was taken into custody to begin serving a state sentence of 2-1/2 to 5 years in prison.

The 66-year-old McCullough, a former Allegheny County councilman, was convicted of theft and misappropriation of funds in 2015 for using his power of attorney to take $50,000 from the trust fund of an elderly woman.

He spent the money in 2006 and 2007, using $40,000 for campaign contributions and sending the other $10,000 to a charity, according to court records.

McCullough was charged in 2009. He had argued at his trial that he had the widow’s approval to use the money and had remained free on appeal since his sentencing.


Governor swears in newest Rhode Island state court judge
U.S. Court News | 2021/03/27 19:29
The newest judge to the Rhode Island Superior Court was sworn in Saturday.

Democratic Gov. Dan McKee presided over the swearing in of R. David Cruise, a longtime political operative and state senator, at the Boys & Girls Club location in Cumberland.

McKee, a former Cumberland mayor who has known Cruise for years, said in a statement that he’s an “honest, fair and thoughtful leader who brings decades of legal and government experience to the bench.”

Cruise is a former state senator and Cumberland town councilor. In recent years, he’s served as former Gov. Gina Raimondo’s director of legislative affairs, former administrative magistrate with the Rhode Island Traffic Tribunal and chief of staff to the Rhode Island Senate, among other posts, according to McKee’s office.

In the 1990s, Cruise worked in the commerce department under President Bill Clinton and chief of staff to former Governor Bruce Sundlun. In the 1980s, he was a state senator and before that served on the Cumberland Town Council.

Cruise, who graduated from Providence College and the Suffolk University School of Law, replaces former Superior Court Judge Bennett Gallo, who retired in February.

The Rhode Island Superior Court has 22 judges and five magistrates. It handles both civil and criminal matters.


Colorado court: Speed-reading bills violates constitution
U.S. Court News | 2021/03/15 13:05
The Colorado Supreme Court has ruled that state Senate Democrats violated the constitution in 2019 when they responded to Republicans’ request that bills be read at length by having computers speed-read the bills in an intelligible garble.

The Colorado Sun reports that in a 4-3 ruling released Monday, the court ruled the speed-reading tactic violated the constitution’s mandate that legislation be read at length upon request.

“There are unquestionably different ways by which the legislature may comply with the reading requirement,” Justice Carlos Samour Jr. wrote in the majority opinion. “But the cacophony generated by the computers here isn’t one of them.”

Minority Senate Republicans were trying to delay Democrats’ attempts to overhaul oil and gas regulations by asking that bills be read aloud ? including a 2,000-page measure. When Democrats resorted to computers, Republicans sued. A lower court found for the minority party.

In a dissenting opinion, Justice Monica M. Marquez wrote that the court should give direction on how legislation ought to be read in the future.

In 2019, Democrats began negotiating with Republicans to avoid further stalling tactics ? and the GOP has since slowed down work on other occasions to force Democrats to make deals.


Feds drop legal battle over tribe’s reservation status
U.S. Court News | 2021/02/20 20:11
The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts.

A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion.

In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case.

The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.”

“We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.”

The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort.

The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law.

At the time, the tribe’s chair called it a “sucker punch.”  The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007.

U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal.


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