Court and Judicial Corruption News ArticlesExcerpts of key news articles on court and judicial corruption
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Jose Charles was dazed, bleeding from his head and surrounded by police. His mother had gone to take one of the 15-year-olds siblings to the bathroom at a Fourth of July celebration in Greensboro, N.C. - and returned to find an officers hand around Joses neck. Police charged Jose with four crimes, including attacking an officer. The teenager and his mother say police slammed and choked him without provocation. In a month, the courts interpretation of the incident could determine Joses fate. Body camera footage from several officers who were at the scene of the encounter is sitting ... where almost no one can see it. Standing in the way of clarity and transparency, critics say, is a new North Carolina law that makes it more difficult than ever to view recordings of controversial interactions between police and members of the public. The law requires anyone who wants to see police body camera footage to pay a fee and plead their case to a Superior Court judge. The law gives an inordinate amount of power to prosecutors. Jose Charless mom, Tamara Figueroa ... said [her son] suffers from schizoaffective disorder. She said prosecutors have told her that if Jose doesnt plead guilty to assault, theyll ask a judge to send him to a [facility] which Figueroa calls a kiddie jail, unequipped to treat his mental illness. The video could change public perception and her sons fate, Figueroa said: She has seen the footage and remains adamant that her son didnt assault a police officer.
Note: For more along these lines, see concise summaries of deeply revealing news articles on corruption in policing and in the judicial system.
A Florida mother first brought billionaire Jeffrey Epsteins peculiar caprices to the attention of Palm Beach police in 2005. Eventually, federal investigators and prosecutors built a case against Epstein ... that involved 17 witnesses and five other underaged women. But in September 2007, a Florida federal prosecutor named R. Alexander Acosta cut a secret plea deal with Epsteins lawyers giving him ... an unusually lenient part-time, eight-hours a day county jail sentence, rather than the ten years or more in prison that a less powerful person might have gotten for repeated sex with minors. Acosta also deviated from legal norms when he granted the deal without first notifying the young women who had spoken to investigators about their experiences with the billionaire. Details of the deal were not made public until a federal judge unsealed it as part of a civil lawsuit brought by four women in 2015. Epstein was allowed to plead guilty to a single charge of soliciting prostitution from girls as young as 14. He ultimately served only 13 months in prison. On Wednesday, Acosta ... testified in front of the Senate Health Education Labor and Pensions Committee as Donald Trumps nominee to be Secretary of Labor. Asked about the Epstein deal, he characterized it as within the bounds of normal prosecutorial behavior. Acosta is pretending the failure to prosecute was routine, [a] former prosecutor told Newsweek, asking for anonymity. But thats bullshit. What happened here was completely and totally out of the main.
Note: For more on this disturbing story, see this article. For more along these lines, see concise summaries of deeply revealing sexual abuse scandal news articles from reliable major media sources.
For a shocking glimpse of whats been happening in the name of criminal justice in America, look no further than a Justice Department report last week on police behavior in Louisiana. Officers there have routinely arrested hundreds of citizens annually without probable cause, strip-searching them and denying them contact with their family and lawyers for days - all in an unconstitutional attempt to force cooperation with detectives who finally admitted they were operating on a mere hunch or feeling. This wholesale violation of the Constitutions protection against unlawful search and seizure ... was standard procedure. The report described as staggering the number of people who were commonly detained for 72 hours or more with no opportunity to contest their arrest, in what the police euphemistically termed investigative holds. The sheriffs office in Evangeline, with a population of 33,578, initiated over 200 such arrest-and-grilling sessions between 2012 and 2014. In Ville Platte, which has 7,303 residents, the local police department used the practice more than 700 times during the same years. The residents faced demands for information, the report said, under threat of continued wrongful incarceration, resulting in what may have been false confessions and improper convictions. Literally anyone in Evangeline Parish or Ville Platte could be arrested and placed on hold at any time, the report found.
Note: For more along these lines, see concise summaries of deeply revealing news articles about police corruption and the erosion of civil liberties.
What do you say to someone who spent years on death row for a murder DNA evidence later proved he didn't commit? It's a question that Utah legislators and law students were faced with last week when they met Ray Krone, an Arizona man who was tried, convicted and sentenced to death for a 1991 Phoenix barroom slaying only to be exonerated and freed after years of staring down his potential execution. Krone is the 100th death row inmate freed in the United States since the death penalty was reinstated in 1976 and Utah executed Gary Gilmore. He was in Utah last week, meeting with more than a dozen legislators on Wednesday ahead of another attempt by death-penalty opponents to repeal Utah's law on executions in the upcoming legislative session. Last legislative session, a bill to repeal the death penalty passed the Senate but was blocked in the House. Marina Lowe, staff attorney with the American Civil Liberties Union of Utah, said stories like Krone's, where the system got it wrong, were missing from the debate last year. "I want the public to see there are actually two sides of the justice system. It's not simply that everyone has done something wrong or they wouldn't have been arrested," Krone said. "To ignore the fact that people are being exonerated and to ignore the fact that our justice system is getting it wrong, to ignore the fact that police and prosecutors can perjure themselves - to ignore that fact puts us all at danger in our justice system if we are caught up in that."
Note: 100 innocent people who would have been executed have been exonerated. How can this happen? Can we trust our judicial system with all of its corruption to sentence people to death? For more along these lines, see concise summaries of deeply revealing judicial system corruption news articles from reliable major media sources.
US journalist Amy Goodman is facing charges of participating in a "riot" after filming Native American-led protests over an oil pipeline in North Dakota. The Democracy Now! reporter said she would surrender to authorities on Monday in response to the charge. District Judge John Grinsteiner will decide whether there is sufficient evidence to support the riot charge. Ms Goodman filmed the crackdown on protesters by authorities last month. "I wasn't trespassing, I wasn't engaging in a riot, I was doing my job as a journalist by covering a violent attack on Native American protesters," Ms Goodman said. The charge relates to her Democracy Now! coverage of the protests against the Dakota Access pipeline on 3 September. Earlier this month US actress Shailene Woodley was arrested at a construction site for broadcasting the North Dakota protests on Facebook. The video by the Divergent star was viewed more than 2.4 million times on social media within hours of being posted. The Dakota Access oil pipeline project, which will cross four states, has drawn huge protests. Native Americans have halted its construction in North Dakota, saying it will desecrate sacred land and damage the environment.
Note: A judge later rejected the riot charge for Goodman, but the fact that she was even accused speaks volumes. For more along these lines, see concise summaries of deeply revealing news articles on government corruption and the erosion of civil liberties.
Activists have no right to force public disclosure of the names of Latin American military leaders trained at a U.S. Army installation formerly known as the School of the Americas, a divided federal appeals court ruled Friday. A federal judge had ruled in 2013 that the government must identify students and instructors at the school at Fort Benning, Ga., whose graduates have included Panamanian strongman Manuel Noriega and Salvadoran death squad leader Roberto dAubuisson. But in a 2-1 ruling Friday, the Ninth U.S. Circuit Court of Appeals ... said the information had little public value, and that disclosure would invade the trainees privacy. There are many groups in foreign countries that would seek to harm those who are publicly associated with the United States military, Judge Sandra Ikuta said in the majority opinion. She also cited assurances by the Defense Department and an oversight board that the school ... is complying with a federal law that requires it to instruct students about human rights. Federal law additionally requires the department to deny enrollment to any member of a military unit that has committed a gross violation of human rights, Ikuta said. Dissenting Judge Paul Watford said the majority was taking the governments word that everything was in order a fox-guarding-the-henhouse notion despite past revelations of abuses by School of the Americas graduates. He noted that past training materials disclosed by the Pentagon in 1996 included manuals providing instruction on torturing and executing insurgents.
Note: The Western Hemisphere Institute for Security Cooperation, formerly known as the School of the Americas, graduated more than 500 human rights abusers. For more along these lines, see concise summaries of deeply revealing government corruption news articles from reliable major media sources.
America has been enmeshed in a wrenching discussion about how the police treat young black men. But this weeks blistering report from the Justice Department on police bias in Baltimore also exposed a different, though related, concern: how the police in that majority-black city treat women, especially victims of sexual assault. In six pages of the 163-page report documenting how Baltimore police officers have systematically violated the rights of African-Americans, the Justice Department also painted a picture of a police culture deeply dismissive of sexual assault victims and hostile toward prostitutes and transgender people. It branded the Baltimore Police Departments response to sexual assault cases grossly inadequate. Baltimore officers sometimes humiliated women who tried to report sexual assault, often failed to gather basic evidence, and disregarded some complaints filed by prostitutes. Some officers blamed victims or discouraged them from identifying their assailants. And the culture seemed to extend to prosecutors, investigators found. In one email exchange, a prosecutor referred to a woman who had reported a sexual assault as a conniving little whore. A police officer, using a common text-message expression for laughing heartily, wrote back: Lmao! I feel the same. Other pattern or practice investigations of police departments - including in New Orleans; Puerto Rico; and Missoula, Mont. - have also identified gender bias.
Note: For more along these lines, see concise summaries of deeply revealing news articles on police corruption and sexual abuse scandals.
Eric Holder has long insisted that he tried really hard when he was attorney general to make criminal cases against big banks in the wake of the 2007 financial crisis. [Yet Holder] held his department back [according to] a new, thoroughly-documented report from the House Financial Services Committee. Prosecutors in 2012 wanted to criminally charge the global bank HSBC for facilitating money laundering for Mexican drug lords and terrorist groups. But Holder said no. In September 2012, the Justice Departments Asset Forfeiture and Money Laundering Section (AFMLS) formally recommended that HSBC be prosecuted for its numerous financial crimes. From 2006 to 2010, HSBC failed to monitor billions of dollars of U.S. dollar purchases with drug trafficking proceeds in Mexico. It also conducted business going back to the mid-1990s on behalf of customers in Cuba, Iran, Libya, Sudan, and Burma, while they were under sanctions. Such transactions were banned by U.S. law. AFMLS Chief Jennifer Shasky wanted to seek a guilty plea for violations of the Bank Secrecy Act. On November 7, Holder presented HSBC with a take it or leave it offer of a deferred prosecution agreement, which would involve a cash settlement and future monitoring of HSBC. No guilty plea was required. HSBC [then] successfully negotiated to have individual executives immunized from prosecution. Lack of desire at the highest levels of the Justice Department was ... the primary reason that no prosecutions took place.
Note: While attorney general of the United States, Eric Holder consistently refused to prosecute Wall Street. For more along these lines, see concise summaries of deeply revealing news articles about corruption in government and in the financial industry.
At a time of justified concern about arbitrary police stops, the Supreme Court on Monday made such harassment more likely. By a 5-3 vote, the court upheld the search of a drug defendant that grew out of a stop that the state conceded was unlawful. The decision in a Utah case pokes yet another hole in an important principle: that courts may not consider evidence that is the result of an illegal search or seizure the so-called fruit of the poisonous tree. Edward Strieff was stopped by a police officer after he walked out of a house in South Salt Lake City. After Strieff identified himself, the officer ran his name through a database and discovered an outstanding arrest warrant for a traffic violation. The officer then arrested Strieff on that charge and searched him, finding a bag containing methamphetamine and drug paraphernalia. The state subsequently admitted that the officer lacked reasonable suspicion to stop Strieff, as required under Supreme Court interpretations of the 4th Amendment. Writing for the majority, Justice Clarence Thomas concluded that it didnt matter if the officer had no basis on which to stop Strieff; the evidence was admissible anyway. The decision could have far-reaching consequences. As Justice Sonia Sotomayor wrote in a powerful dissent: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants - even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop.
Note: For more along these lines, see concise summaries of deeply revealing news articles about judiciary corruption and the erosion of civil liberties.
The Justice Department is asking local courts across the country to be wary of how they slap poor defendants with fines and fees. In a letter ... to the chief judges and court administrators in all 50 states, Vanita Gupta, the head of the departments Civil Rights Division, and Lisa Foster, director of the Office for Access to Justice, wrote that illegal enforcement of fines and fees had been receiving increased attention. Individuals may confront escalating debt; face repeated, unnecessary incarceration for nonpayment despite posing no danger to the community; lose their jobs; and become trapped in cycles of poverty that can be nearly impossible to escape, Gupta and Foster wrote. Furthermore, in addition to being unlawful, to the extent that these practices are geared ... toward raising revenue, they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents. The White House and the department convened a summit on the issue in December. The Justice Department alleged in a recent lawsuit that officers in Ferguson, Mo., were violating citizens civil rights in part because their policing tactics were meant to generate revenue. The financial penalties - typically for minor misdemeanors, traffic infractions or violations of city code - disproportionately affect the poor, who cannot afford to pay immediately and are then hit with arrest warrants or additional penalties. Some towns [derive] 40 percent or more of their annual revenue from [these] petty fines and fees.
Note: Along with relying on municipal fines and fees that disproportionately impact the poor, some police departments simply steal from people when times get tough. For more along these lines, see concise summaries of deeply revealing news articles about government corruption and income inequality.
When Supreme Court Justice Antonin Scalia died 12 days ago at a West Texas ranch, he was among high-ranking members of an exclusive fraternity for hunters called the International Order of St. Hubertus, an Austrian society that dates back to the 1600s. The names of the 35 other guests at the remote resort [remain] largely unknown. Members of the worldwide, male-only society wear dark-green robes emblazoned with a large cross. Some hold titles, such as Grand Master, Prior and Knight Grand Officer. Cibolo Creek Ranch owner John Poindexter and C. Allen Foster, a prominent Washington lawyer who traveled to the ranch with Scalia by private plane, hold leadership positions within the Order. In 1695, Count Franz Anton von Sporck founded the society in Bohemia, which is in modern-day Czech Republic. The societys U.S. chapter launched in 1966 at the famous Bohemian Club in San Francisco, which is associated with the all-male Bohemian Grove - one of the most well-known secret societies in the country. In 2010, Poindexter hosted a group of 53 members of the Houston chapter of the International Order of St. Hubertus at the Cibolo Creek Ranch. In a statement after Scalia died, the U.S. Marshals Service said that Scalia had declined a security detail while at the ranch.
Note: Read more about Bohemian Grove and the other strange secret societies populated by the elite.
Pope Francis will meet more than 100 men and women from a dangerously overcrowded prison population. Some 80% of those inmates at that prison, [Philadelphia's] Curran-Fromhold Correctional Facility (CFCF), have not yet been convicted of the crime with which they were charged. Most of them are behind bars because they have not paid or cannot afford to pay bail while awaiting trial. Francis has visited prisons in multiple countries. This particular prison ... presents an extreme microcosm of two of the most pressing national prison problems: pretrial detention and overcrowding. The prison system particularly in holding those who cannot afford to pay bail targets the very people Pope Francis has shown the most concern for: the poor. With 2.2 million people incarcerated mostly in state prisons and jails like Philadelphias, the US now ... spends about $80bn on prisons. At any given time, between 400,000 to 500,000 of those people [are] held in pretrial or midtrial detention, sometimes for weeks, months and even years, usually because they cannot afford to pay bail. The Justice Department estimates that two-thirds of those inmates are non-dangerous defendants.
Note: For more along these lines, see concise summaries of deeply revealing news articles about income inequality and systemic prison industry corruption.
The Obama administration has ruled that inspectors general have to get permission from the agency theyre monitoring for access to wiretaps, grand jury and credit information, a decision that immediately was denounced by watchdogs and lawmakers. The Justice Departments inspector general said the 58-page ruling ... will undermine his ability to do his job rooting out fraud and corruption. Without such access, our offices ability to conduct its work will be significantly impaired, Inspector General Michael E. Horowitz said in a statement. His disapproval was followed by a bipartisan condemnation from four congressional leaders whose committees have oversight over DOJ. [In] 2010 ... the FBI started restricting the DOJ inspector generals access to documents whose confidentiality is protected by law, including grand jury testimony and wiretaps. The IGs review of the controversial Fast and Furious case, the failed sting operation that lost track of more than 1,000 government-issued guns, one of which was used to kill a U.S. Border Patrol agent, was delayed. Other investigations have lagged, Horowitz testified before Congress last February, complaining that the FBI has failed to turn over key records in several whistleblower cases. Imagine if we had a DOJ (inspector general) during Watergate looking at the FBIs conduct and the Attorney General had this opinion to deny or delay access to this kind of information, said Brian Miller, the former inspector general at the General Services Administration.
Note: Last year, President Obama invoked executive privilege in an attempt to cover up the Fast and Furious scandal. For more along these lines, see concise summaries of deeply revealing government corruption news articles from reliable major media sources.
(senior federal district judge) Jed A. Rakoffs essay in The New York Review of Books ... tries to explain why innocent people so often plead guilty. At least 20,000 people have pled guilty to and gone to jail for felonies they did not commit if you very conservatively take criminologists lowest estimates, and cut them in half. Rakoff identifies three ways the criminal justice system obstructs its own truth seeking mechanism, a trial by jury: 1. By embracing the increasingly popular plea bargain. 97 percent of federal trials were resolved last year through plea bargain. Plea bargains ... are weighted largely in favor of the prosecutor. The notion that a plea bargain is a contractual mediation between two relatively equal parties, Rakoff argues, is a total myth. 2. Through mandatory minimum sentences. The combination of mandatory sentences and prosecutorial discretion forces the defendant [to] run the risk of losing the case and serve the maximum sentence or take a reduced charge, at a reduced sentence, even when innocent. 3. Via the unfettered rise of prosecutorial power. Prosecutors have far more power ... than any other party involved in the criminal justice system. The one mechanism that could check their power is the jury trial, which is becoming virtually extinct in federal court, Rakoff writes. One possible solution to all these problems aside from repealing mandatory minimum sentences and generally reducing the severity of sentences is greater judicial oversight.
Note: For more along these lines, see these concise summaries of deeply revealing government corruption and civil liberties news articles from reliable sources.
Jim Risen is gruff. Attorney General Eric Holder wants to force Risen to testify and reveal the identity of his confidential source on a story he had in his 2006 book concerning a bungled C.I.A. operation during the Clinton administration in which agents might have inadvertently helped Iran develop its nuclear weapon program. The tale made the C.I.A. look silly, which may have been more of a sore point than a threat to national security. But Bush officials, no doubt still smarting from Risens revelation of their illegal wiretapping, zeroed in on a disillusioned former C.I.A. agent named Jeffrey Sterling as the source of the Iran story. The subpoena forcing Risens testimony expired in 2009, and to the surprise of just about everybody, the constitutional law professors administration renewed it kicking off its strange and awful aggression against reporters and whistle-blowers. Why dont they back off Risen? How can [Obama] use the Espionage Act to throw reporters and whistle-blowers in jail even as he defends the intelligence operatives who tortured some folks, and coddles his C.I.A. chief, John Brennan, who spied on the Senate and then lied to the senators he spied on about it? Its hypocritical, Risen said. A lot of people still think this is some kind of game or signal or spin. They dont want to believe that Obama wants to crack down on the press and whistle-blowers. But he does. Hes the greatest enemy to press freedom in a generation. Risen points to recent stories about the administration pressing an unprecedented initiative known as the Insider Threat Program.
Note: For more on this, see concise summaries of deeply revealing government secrecy news articles from reliable major media sources.
The Supreme Court has been quietly revising its decisions years after they were issued, altering the law of the land without public notice. The revisions include truly substantive changes in factual statements and legal reasoning, said Richard J. Lazarus, a law professor at Harvard and the author of a new study examining the phenomenon. The courts secretive editing process has led judges and law professors astray, causing them to rely on passages that were later scrubbed from the official record. The widening public access to online versions of the courts decisions, some of which do not reflect the final wording, has made the longstanding problem more pronounced. Unannounced changes have not reversed decisions outright, but they have withdrawn conclusions on significant points of law. The larger point, said Jeffrey L. Fisher, a law professor at Stanford, is that Supreme Court decisions are parsed by judges and scholars with exceptional care. In Supreme Court opinions, every word matters, he said. When theyre changing the wording of opinions, theyre basically rewriting the law. The court does warn readers that early versions of its decisions, available at the courthouse and on the courts website, are works in progress. A small-print notice says that this opinion is subject to formal revision before publication, and it asks readers to notify the court of any typographical or other formal errors. But ... the court almost never notes when a change has been made, much less specifies what it was. And many changes do not seem merely typographical or formal.
Note: Read about a new app which tracks these changes. For more on this, see concise summaries of deeply revealing government corruption news articles from reliable major media sources.
The [New York] Times published an article [on April 17] about an Arab citizen of Israel a 23-year-old journalist and Palestinian rights advocate who was detained by Israeli authorities last weekend. The man, Majd Kayyal, was not allowed a lawyer until Wednesday night, and he was interrogated for five days on suspicion that he was being recruited by a hostile organization after he visited Lebanon. He was released on Thursday but ordered to be kept under house arrest. The Times article mentions a court-imposed gag order that was lifted on [April 17]. What it doesnt mention is that The Times, too, is subject to such gag orders. According to its bureau chief in Jerusalem, Jodi Rudoren, that is true. The Times is indeed, bound by gag orders, Ms. Rudoren said. She said that the situation is analogous to abiding by traffic rules or any other laws of the land, and that two of her predecessors in the bureau chief position affirmed to her this week that The Times has been subject to gag orders in the past. The Timess newsroom lawyer, David McCraw, [said] that he was consulted by Times journalists this week as they considered publishing an article about Mr. Kayyals arrest. Although the situation is somewhat murky, he said, the general understanding among legal counsel in other countries is that local law would apply to foreign media. Ive never seen us actually challenge it, Mr. McCraw said. Meanwhile, an online publication called The Electronic Intifada published a number of articles about Mr. Kayyals detention over the past several days. The author of those articles, Ali Abunimah, said in an email that readers have a right to know when [the New York Times] is complying with government-imposed censorship.
Note: For more on mainstream media cover-ups, see the deeply revealing reports available here.
In 2009, when Robert H Richard IV, an unemployed heir to the DuPont family fortune, pled guilty to fourth-degree rape of his three-year-old daughter, a judge spared him a justifiable sentence indeed, only put Richard on probation because she figured this 1-percenter would "not fare well" in a prison setting. Richards ex-wife filed a new lawsuit accusing him of also sexually abusing their son. Since then, the original verdict has been fueling some angry speculation ... that the defendant's wealth and status may have played a role in his lenient sentencing. Inequality defines our criminal justice system just as it defines our society. It always has and it always will until we do something about it. America incarcerates more people than any other country on the planet, with over 2m currently in prison and more than 7m under some form of correctional supervision. More than 60% are racial and ethnic minorities, and the vast majority are poor. There is an abundance of evidence ... that both conscious and unconscious bias permeate every aspect of the criminal justice system, from arrests to sentencing and beyond. Unsurprisingly, this bias works in favor of wealthy (and white) defendants, while poor minorities routinely suffer. In August of last year the Sentencing Project, a non-profit devoted to criminal justice reform, released a comprehensive report on bias in the system. This is the sentence you need to remember: "The United States in effect operates two distinct criminal justice systems: one for wealthy people and another for poor people and minorities."
Note: For more on systemic injustice within the US prison/industrial complex, see the deeply revealing reports from reliable major media sources available here.
A top judge campaigned to support a paedophile group that tried to legalise sex with children, a newspaper claims. The Mail on Sunday said Lord Justice Fulford was a founder member of a campaign to defend the Paedophile Information Exchange (PIE). The judge told the BBC he had "no memory" of this, but had in the 1970s been involved with a civil liberties group to which PIE was affiliated. He said he had never supported PIE and child abuse was "wholly wrong". The Daily Mail has run a series of articles questioning the links between PIE and civil liberties group the National Council for Civil Liberties during the 1970s and early 1980s. PIE had called for greater tolerance and paedophile "rights" and campaigned for a lowering of the age of consent to 10. Labour deputy leader Harriet Harman, her husband and fellow Labour MP Jack Dromey and former Labour health secretary Patricia Hewitt were all prominent figures in the NCCL, which granted PIE affiliate status in 1975. Ms Hewitt has apologised for having "got it wrong", while Mr Dromey has accused the Daily Mail of "dirty, gutter journalism". Ms Harman has said she "regrets" the links between the two groups but she has "nothing to apologise for". The Mail on Sunday said its investigation had found that Lord Justice Fulford, a member of the Privy Council, was a founder member of a campaign set up to defend PIE against criminal charges.
Note: If you are ready to see how investigations into a massive child sex abuse ring have led to the highest levels of government, watch the suppressed Discovery Channel documentary "Conspiracy of Silence," available here. For more on sexual abuse scandals, see the deeply revealing reports from reliable major media sources available here.
Should wealthy litigants be able to rent state judges and courthouses to decide cases in private and keep the results secret? The answer should be an easy no, but if the judges of Delawares Chancery Court persuade the United States Supreme Court to take their case and reverse lower federal court rulings outlawing that practice, corporations will, in Delaware, be able to do just that. The state has long been a magnet for corporate litigation because of its welcoming tax structures and the courts business expertise. Yet the State Legislature became concerned that Delaware was losing its pre-eminence in corporate litigation to a growing market in private dispute resolution. To compete, Delaware passed a law in 2009 offering new privileges to well-heeled businesses. If litigants had at least $1 million at stake and were willing to pay $12,000 in filing fees and $6,000 a day thereafter, they could use Delawares chancery judges and courtrooms for what was called an arbitration that produced enforceable legal judgments. Instead of open proceedings, filings would not be docketed, the courtroom would be closed to the public and the outcome would be secret. The Delaware Supreme Court could review judgments, but that court has not indicated whether appeals would also be confidential. A group called the Coalition for Open Government, including news and civic organizations, objected that Delawares legislation was unconstitutional. In 2012, a federal judge agreed that the law violated the publics right of access to civil proceedings under the First Amendment.
Note: For more on government corruption, see the deeply revealing reports from reliable major media sources available here.
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