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Retired judges will hear divorce cases to clear backlog
Court Watch | 2022/03/25 06:01
The Maine court system will assign retired judges to divorce proceedings to clear a growing backlog of more than 6,000 cases that have been delayed since the start of the coronavirus pandemic.

The program began last week and will assign the former judges as referees to divorce cases where both sides involved have lawyers. The referees would work to resolve the cases without a trial, The Bangor Daily News reported Tuesday.

“The goal is to add capacity in the short term to allow us to address the backlog without adding work to existing personnel,” Chief Justice Valerie Stanfill said.

Judges who volunteer as referees will be paid the same full-day $350 stipend amount as other active retired judges who work in the court system.

According to Alyson Cummings, an employee for the administrative office of the courts, the cost of the program and the number of cases the judges will handle have not been determined yet.



New York’s top court rules in favor of fantasy sports bets
Court Watch | 2022/03/20 06:01
New York’s highest court ruled Tuesday that fantasy sports contests like those run by FanDuel and DraftKings are allowed under the state constitution, turning back a challenge to the popular games.

The state Court of Appeals reversed an appeals court’s decision last year that found interactive fantasy sports violated the state constitution’s ban on gambling. The games allow players to assemble a roster of athletes in a sport, using individuals performance statistics to determine the winner. They annually bring in hundreds of millions in entrance fees statewide.

The lawsuit was bought several years ago and did not target mobile sports betting, which began in New York earlier this year.

In a 4-3 ruling, New York’s top court clarified the scope of that the state’s constitutional prohibition on gambling. Chief Judge Janet DiFiore wrote that the gambling prohibition doesn’t include skill-based competitions in which players who win a prize exercise “substantial influence” over the contest’s outcome.

DiFiore wrote that the outcome of a interactive fantasy sports contest “turns — not on the performance of real-life athletes, as it would with respect to a bet or wager — but on whether the participant has skillfully composed and managed a virtual roster so as to garner more fantasy points than rosters composed by other participants.”

The fantasy sports measure signed into law by then-Gov. Andrew Cuomo in 2016 cleared the way for companies like DraftKings and FanDuel to operate and be regulated in New York. DraftKings and FanDuel both said they were pleased with the decision.


Maryland governor appoints 2 to state’s highest court
Court Watch | 2022/02/19 05:14
Maryland Gov. Larry Hogan announced the appointments of two judges to the state’s highest court on Thursday.

Harford County Circuit Court Judge Angela Eaves has been appointed to the Maryland Court of Appeals. Eaves, who is the first Hispanic judge appointed to the court, has been nominated to succeed Judge Robert McDonald upon his mandatory retirement later this month.

Hogan also announced the appointment of Judge Matthew Fader, of Howard County, to the Court of Appeals. Fader is currently the chief judge of the Court of Special Appeals, Maryland’s intermediate-appellate court. He has been appointed to succeed Judge Joseph Getty upon his mandatory retirement in April.

The Republican governor also announced that Court of Special Appeals Judge E. Gregory Wells will serve as the new chief judge of that court.

In addition, Hogan appointed Montgomery County Circuit Court Judge Anne Albright to fill the seat that will open on the Court of Special Appeals with Fader’s departure.


Temple prof seeks reinstatement of damage claims against FBI
Court Watch | 2022/02/11 02:35
A Temple University physics professor who was charged with sharing scientific technology with China only for the case to collapse before trial and be dismissed by the Justice Department asked a federal appeals court on Monday to reinstate his clams for damages against the U.S. government.

Lawyers for Xiaoxing Xi and his wife say in a brief filed Monday with a Philadelphia-based appeals court that a judge erred last year when he dismissed most of the claims in their federal lawsuit. They assert that the FBI agent who led the investigation “intentionally, knowingly or recklessly” made false statements and misrepresented evidence so that prosecutors could get an indictment.

“When law enforcement agents abuse the legal process by obtaining indictments and search warrants based on misrepresentations or by fabricating evidence, it undermines the legitimacy of the courts,” Xi’s legal team, which includes lawyers from the American Civil Liberties Union, wrote in the brief.


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