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SUMMARY JUDGMENTS: Our daily legal-news aggregator for June 9

6/9/2011 COMMENTS (0)

Where law firms are hiring: Demand for legal work is growing in at least some parts of the country, according to the banking and business contacts of the 12 regional Federal Reserve banks. The latest Beige Book, a compilation of economic anecdotes used by Fed policymakers, said New York law firms, in particular, "have started hiring more." The New York securities industry, too, is expanding its legal and compliance staff. The Boston Fed reported notable improvement of labor demand in the legal sector there, while the Dallas Fed said "legal firms noted mostly steady demand, with some strength in corporate, intellectual property litigation, and real estate services." Still, in San Francisco, for example, providers of legal services reported little change in their activity. Across the broader economy, the 12 Fed districts said business activity is generally continuing to expand. 

Pilot camera program to start in federal courts: The U.S. Judicial Conference said 14 federal trial courts were picked for an experiment with cameras in courtrooms that starts next month. Only civil proceedings will be eligible for cameras, and both the opposing parties and the U.S. district judges presiding will have to give their permission. The presiding judge can choose to stop a recording, for example, to protect the rights of the parties and witnesses or to preserve the dignity of the court, the Judicial Conference said. The judge may also choose not to post the video for public view. "Coverage of the prospective jury during voir dire is prohibited, as is coverage of jurors or alternate jurors." The videos will be available after the proceedings at www.uscourts.gov and on local participating court websites at the court's discretion. Participating districts include the Northern District of California, the Southern District of Florida and the Northern District of Illinois. Federal courts in New York and Washington aren't included. 

Constitutionality of Mueller extension questioned: The nominally slam-dunk request that the Senate extend FBI Director Robert Mueller's term by two years may prove more complicated than the White House thought. In testimony before the Senate Judiciary committee on Wednesday, University of Virginia Law Professor John Harrison said such an extension through new legislation may be unconstitutional. A bill filling a vacant office, even with the incumbent in that office, could amount to congressional usurpation of the executive branch's appointment privilege, Harrison said. Instead, he suggested, Congress should pass a bill creating a temporary two-year term and President Barack Obama could then nominate Mueller to the post. "That would be bulletproof," Harrison said. At least two committee members, Republican senators Tom Coburn and Mike Lee, said they worried Mueller's authority could face court challenges if Congress simply extends his term, Politico reported. 

Bill would help widows of the sea: Death at sea is not the same as death on land, at least under maritime statutes that have long limited how much the families of people killed on the water can be compensated for their absence. The Shipowners Liability Act of 1851, the Death on the High Seas Act of 1920 and the Jones Act of 1920 limit the losses of ship owners. But these laws also mean the widows and children of the 11 men who died in last year's explosion on the Deepwater Horizon oil rig in the Gulf of Mexico can receive only direct economic compensation. For pain and suffering, for loss of care and companionship, and for other less tangible things the families would get nothing, the New York Times reported. Democratic Sen. John Rockefeller is trying to change that with the Deepwater Horizon Survivors’ Fairness Act, which aims to change rules he called "antiquated and unfair." To appease marine business interests that helped scuttle a similar bill last year, the act would affect only specific victims of the explosion. 

Clemency sought for Texas death row inmate: Humberto Leal Garcia, a Mexican national convicted of murder in 1994, is scheduled to die on July 7. But a group of former judges, prosecutors and diplomats from across the United States have written to Gov. Rick Perry asking him to the delay the execution. Leal wasn't told until he was already on death row that he had the right, under the Vienna Convention on Consular Relations, to seek legal help from the Mexican consulate. The clemency petition from the judges, prosecutors and diplomats argues that without the help of his government, Leal got "disgracefully inadequate legal representation." And their fear, Legal Times reported, is that if Leal is executed other countries may retaliate by depriving American citizens arrested abroad of their right to seek consular help. 

Immigration court backlog keeps growing: As of May 4, there were 275,316 cases in federal immigration court awaiting resolution, the court's most-clogged caseload in its history and a total that had grown nearly 3 percent in four months. The average timeline for case resolution grew to 482 days from 467 days in the same period, the National Law Journal reported, citing the Transactional Records Access Clearinghouse at Syracuse University. Yet, during the previous 12 months, the system hired 44 new immigration judges and opened a new court location in Texas. The American Immigration Council's Legal Action Center blames two things: U.S. Immigration and Customs Enforcement is pursuing more cases, and the Justice Department office administrating the immigration courts needs more judges and staff. 

Portland police probed for treatment of suspects: The Justice Department has opened an investigation into whether members of the Portland, Oregon, police have systematically used excessive force against suspects. Other investigations of state and local law enforcement agencies have been taking place in California, Louisiana, the District of Columbia, New York, New Jersey and Ohio. 

(Reporting by Joseph Schuman)


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