Courts Remain Issue In Ferguson Region

The civil unrest in Ferguson, Mo., has continued to put municipal courts on the hot seat, and the The St. Louis Post-Dispatch has a new investigative report illustrating how the courts have become revenue machines for local governments. For example, the newspaper “… found that court officials in one municipality threatened nontraffic defendants with license suspensions even when they knew they had no such authority.”

That story involved a 42-year-old man who failed to appear in the muni court of a small city called Breckenridge Hills to face an assault citation. So the court sent out a notice informing him that if he didn’t pay his $209 fine in full or appear in court at his next scheduled date, his driver’s license would be immediately suspended and a warrant would be issued for his arrest. 

From the newspaper: “The court’s November 2014 notice to him included a form that seemingly would be sent ‘to notify the Department of Revenue that the Court has ordered the suspension of the defendant’s drivers license and privileges until an order of compliance is received from this court.'” Breckenridge Hills court clerk Kathy Palladino acknowledged that for the last 18 months she has issued license-suspension warnings even though she knew they were bogus.” She explained that she did so “to open up their eyes, to say, ‘Hey, you didn’t take care of this — you need to come to court.’”

The report did not indicate any actions would be taken against the court officials abusing their authority. Meanwhile, Illinois lawmakers are considering statewide curbs on municipal court powers and practices. See the Post-Dispatch story here.

First Marijuana RICO Case, Colorado Hotel Claims Lost Business in Civil Suit

Civil lawsuits continue to muddy the waters in states that have legalized marijuana, with a new Colorado case asserting that selling weed nearby has hurt business at a Holiday Inn. The Summit Daily News is reporting that “… nearly three months after two heartland states sued Colorado in federal court, a Frisco dispensary is now at the epicenter of the first-ever racketeering lawsuit filed against a marijuana business since the advent of legal weed.

On Thursday, the Washington, D.C.-based advocacy group Safe Streets Alliance named Medical Marijuana of the Rockies as one of 12 defendants in a federal Racketeer Influenced and Corrupt Organizations Act (RICO) case.”

The newspaper said that “… Safe Streets sponsored the lawsuit in partnership with co-plaintiff New Vision Hotels, the Colorado Springs company that owns the Frisco Holiday Inn. Frisco is a tourist-intensive mountain town just west of Denver.

Also from the SDN: “This is really the only course of action left for the hotel,” said Brian Barnes, the plaintiffs’ spokesman and one of several attorneys working the case. “They weren’t sure of other options available to them, and the reality is that when people talk about marijuana being legal in Colorado, it is still illegal in the United States and selling marijuana is against the law. They have a legal right to not be injured by that activity.”

The Holiday Inn managers had previously asked the Frisco Town Council to deny the license to the marijuana merchants who wanted to operate about 75 yards from the hotel entrance. The SDN reported that “… hotel representatives argued that a prospective marijuana dispensary has already harmed business, citing cancellations from several youth ski teams after the town council debates made national news.”

Read the story here.

How Clinton’s Immigration Policy Would Differ From Obama’s

Presumptive Democratic presidential nominee Hillary Clinton made headlines by calling for a path to full and equal citizenship for undocumented immigrants, but offered few details on how her programs as president would go beyond what President Obama has done by executive order. Immigration cases are civil actions and some 400,000 cases are backed up in the special “immigration courts” which are actually operated by the U.S. Justice Department, not the usual courts system.
The left-leaning website ThinkProgress has a solid analysis of how Clinton’s ideas differ from Obama’s, noting that the candidate “… called for granting ‘full and equal citizenship’ to undocumented immigrants; extending an existing executive action that provides deportation protections to so-called DREAMers, or undocumented immigrants, giving legal representation to immigrants in immigration court; and reforming immigration enforcement and detention practices ‘so they’re more humane, more targeted, and more effective.'”
See more of the analysis here.

NBC Bay Area Offers Look Inside SF Immigration Court

The investigative unit of an NBC affiliate in California’s Bay Area is reporting that thousands of people are trapped in legal limbo as the Justice Department’s immigration courts are unable to meet their caseloads. The report has an on-air interview with Leigh Marks, the outspoken immigration judge who has called for overhauling the system.

From the report by Stephen Stock and David Paredes: “These are the kind of issues where we say the immigration law is like the Twilight Zone of law. Or, like an alternate legal universe where we’ve fallen down Alice’s rabbit hole,” said Dana Leigh Marks, a sitting US Immigration Judge working in the San Francisco Division of the US Immigration Court. California has the largest number of backed-up cases in the US and San Francisco has the second largest in the state, after Los Angeles.

The report offers solid background, including explaining that “immigration court” is not a typical court, but rather a function of the Justice Department. Judge Marks says she should not have to worry about her boss questioning her work. See the story here: