Supreme Weekly: Recent rulings and a state judge goes federal

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May 19, 2011

by: Katy Farrell

With interesting news happening in the Supreme Courts across the county, this week we're concentrating on recent developments in the states. Controversial rulings in Indiana and Georgia piqued the interest of citizens and legislators alike. In Alabama and Montana, the Supreme Courts are working with and dealing with the consequences of Mother Nature. Also, a Supreme Court justice in Alaska has been nominated for a federal judgeship. Read below to find out more!

INDIANA: High profile case riles Hoosiers

In Indiana, the capitol police are investigating threats made to justices of the Indiana Supreme Court by email and phone. While details of the threats are not being released, it is known that they came after a controversial ruling by the court.

Justice Steven David authored a 3-2 ruling that denied a citizen's right to stop a police officer from entering his home during a domestic violence dispute. In the ruling, David noted that not allowing the police to enter the home was tantamount to promoting violence between the police and residents. The dissent, and opponents, worried that the majority opinion openly violates the Fourth Amendment.

Responding to the decision, state Senators Ed Charbonneau and R. Michael Young plan to write a new piece of legislation next year, making it clear that citizens can deny illegal entry into their home by law enforcement officials. They are leading the charge of a groundswell of criticism over the decision. A petition against the ruling is circulating on the internet and next week protests against the decision will take the form of a rally at the statehouse. Perhaps encouraged by the support, the attorney for the charged plans to petition for a rehearing in the court.

GEORGIA: Supreme Court ruling affects charter schools

The Georgia Supreme Court this week reaffirmed the authority of local school boards to approve charter schools. In a 4-3 ruling, the court essentially stripped the power of the state's Georgia Charter Schools Commission. Under the current system, a charter school must be approved by either the local school board or the state commission. One hundred and fifty-four charter schools in the state are approved by the former, while only sixteen the latter. The future of funding for those sixteen schools is questionable after the ruling.

Reaction to the ruling has been mixed. Supporters agree that local control of schools is integral for communities, while opponents feel that it ultimately restricts the choices integral to proper education. Similar to the ruling this week by the Indiana Supreme Court, the Georgia State Legislature plans to get involved next. Jan Jones, House Speaker Pro Tem, said, "I expect the Legislature and voters to amend the constitution so that it reflects citizen desire for public school innovation and improvement."

ALASKA: Supreme Court justice nominated to federal court

Justice Morgan Christen was nominated by President Obama to the United States Court of Appeals for the Ninth Circuit. She was recommended by U.S. Senator Mark Begich to fill the vacant seat left by the retirement of Andrew Kleinfeld.

Christen has been a justice of the Supreme Court since 2009. She was nominated by Governor Sarah Palin, notwithstanding that Christen is a former board member for the recently-maligned Planned Parenthood. Christen was only the second woman in the state's history to serve on the Supreme Court. Before that, she was a judge on the Alaska Superior Court for eight years, eventually being named Presiding Judge.

Next, Christen will face the federal confirmation process. That will begin with a vetting by the Senate Judiciary Committee and later a vote by the U.S. Senate.

ALABAMA: Court budget affected by storm relief

As we've mentioned before in this column, next year's state budget in Alabama will not favor the judicial branch. Though Chief Justice Sue Bell Cobb previously warned court employees about potential layoffs in October (the beginning of the next fiscal year), now it seems certain. She had hoped for supplemental funds of $10 million, enough to save 177 jobs, which would come either from the general fund or a proposed increase on cigarette taxes. However, any extra money the state needs to be redirected to the recovery fund from last month's tornadoes.

MONTANA: Families taking climate change into their own hands

The Montana Supreme Court ruled that the state had twenty days to respond to a citizen petition regarding climate change. The petition was brought by children and parents across Montana who hope to add the atmosphere to the list of natural resources in the "public trust." With that designation, the state would have to regulate greenhouse gases.

The state Attorney General's Office responded to the order, saying, "What the state has been asked to do by the court is a very narrow question of legal procedure: whether the Supreme Court has original jurisdiction in this type of litigation."

ARKANSAS: Former Chief Justice dies

Former Chief Justice of the Arkansas Supreme Court Richard Adkisson passed away yesterday. Justice Adkisson served in the position from 1980 to 1984. Prior to that, he was a judge of the Arkansas 6th Judicial Circuit.

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See also

• Supreme Weekly: Comparing votes from the 2010 election
• Judgepedia's Supreme Weekly: The States