Lawyers – Farris Law Firm Fri, 14 Jan 2022 23:15:33 +0000 en-US hourly 1 Lawyers – Farris Law Firm 32 32 Lawyers for Andrew’s accuser are asking to question British witnesses, including one who ‘saw the Duke in a nightclub with a young girl’ | UK News Fri, 14 Jan 2022 23:15:33 +0000

Lawyers for the woman accusing Prince Andrew of sexual assault have requested permission to interview two potential witnesses in the UK.

One is a woman who is said to have seen the King ‘with a young girl’ at London’s Tramp nightclub, while the other is a former aide to the Prince whose name appeared in convicted sex offender Jeffrey’s ‘black book’ Epstein, according to the court’s request. .

Virginia Giuffre’s lawyers wrote to Judge Lewis Kaplan, who rejected Prince Andrew’s bid to have the sexual assault lawsuit against him thrown out earlier this week.

Prince Andrew, Virginia Giuffre and Ghislaine Maxwell, in a photo believed to have been taken in 2001. Photo: Rex/Shutterstock

The application seeks testimony from Shukri Walker, who “claims to have seen Prince Andrew at Tramp Nightclub in London”.

The letter says Ms Walker allegedly saw Andrew ‘with a young girl around the time the plaintiff claims Prince Andrew abused her in London after visiting the Tramp nightclub’.

It continues: ‘Because Prince Andrew denied ever meeting the Claimant or being at Tramp Nightclub during the relevant period, Ms Walker’s evidence is highly relevant.’

A second attachment asks for the testimony of Robert Olney, who is said to be the prince’s former squire or assistant.

It says: “The applicant has reason to believe that Mr. Olney has relevant information about Prince Andrew’s relationship with Jeffrey Epstein because Mr. Olney’s name appears in publicly available copies of Prince Andrew’s telephone directory. ‘Epstein (or “Black Book”).”

In both cases, Ms Giuffre’s lawyers are “seeking permission from the Senior Master of the Royal Courts of London” to proceed with a “deposition” – sworn testimony out of court.

Letters later appeared from Judge Kaplan showing he had complied.

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Charles avoids Andrew’s question

Previously there was calls on Prince Andrew to lose his police protection and his duchy as he awaits a civil trial, charged with sexual assault.

after the queen withdrawn his military titles and royal patronages, Labor MP for York Central Rachael Maskell tweeted that it was “untenable” for him to “hold on to his title one more day”.

Prince Charles was approached by Sky News in Scotland but the heir to the throne declined to comment.

Prince Andrew has strenuously denied the allegations made against him.

The Supreme Court denounces the new tendency of the police to raid lawyers and remove defendants from the jurisdiction of the courts Thu, 13 Jan 2022 02:02:00 +0000 On Wednesday, the Supreme Court frowned on the recent trend of police raiding lawyers and taking those arrested outside the territorial jurisdiction of the local court to prevent them from making use of their legal remedies.

“What is this new trend of looting lawyers? And taking the defendants out of the jurisdiction of the court, to which the police station from which they were arrested belongs?” a bench headed by CJI NV Ramana observed in a case involving the arrest of former AIADMK Minister KT Rajenthrabhalaji.

Balaji was arrested by Tamil Nadu Police on January 5, 2022, in connection with an employment scam just when he moved SC on early bail. The bench, which also included judges Surya Kant and Hima Kohli, took a dim view of the police raids on the former minister’s lawyers.

“We will order an investigation into the conduct of the police with lawyers,” threatened the CJI of Tamil Nadu. “People can’t go to lawyers? And uniforms will trample people’s freedom?”

The bench eventually granted the ex-minister bail on the condition that he surrender his passport and cooperate with the investigation and asked the state to submit all facts regarding his arrest in a counter affidavit.

Darwin’s shooter Benjamin Hoffmann claims ‘crisis situation’, can’t find new lawyers Tue, 11 Jan 2022 05:50:03 +0000

Murderer Ben Hoffmann told the NT Supreme Court he had not been able to find a new lawyer since his lawyer was sacked in November last year.

“Nobody wants anything to do with me… nobody cares,” Hoffmann said this morning.

“I am in a crisis situation.

“I’m having a terrible time, Your Honor. “

Hoffmann told Judge John Burns that he wanted a lawyer to both review his entire murder trial and represent him as part of his sentencing submissions.

Specifically, he told the court he wanted a grant, or an extension of a grant, to educate interstate lawyers so they could reconsider his trial.

In November, Hoffmann admitted to the murders of Hassan Baydoun, Michael Sisois and Robert Courtney during a shootout on June 4, 2019.

He also pleaded guilty to the demoted charge of manslaughter in connection with the death of Nigel Hellings as well as four less serious counts, including reckless endangerment of life and threat of death.

Hoffmann said he wanted to “go over every shred of evidence” previously raised in the murder trial with his yet-unsuccessful interstate lawyer, “for a thorough and perfect second opinion” on the events that unfolded. are unrolled.

He said he then wanted Northern Territory Legal Aid to help him get legal representation for sentencing submissions.

Hoffmann fired lawyers Jon Tippett QC and Peter Maley in November last year.(ABC News: Che Chorley )

Hoffmann says he might want to quash his guilty plea

Hoffmann also claimed he was “pressured and bullied” into changing his not guilty plea to guilty during the seventh week of his nine-week trial, and reported that he was now considering to reverse his guilty plea.

Benjamin Hoffmann sits at the back of a police cage in a police car after his arrest.
Hoffmann has been in detention since his arrest in June 2019.(Provided)

Judge Burns told Hoffmann he could, potentially, seek leave to withdraw his guilty plea, but would have to provide evidence to back up his claims.

“You don’t have the right to change your plea, you can ask for leave to withdraw your guilty pleas, but in order to do that you have to produce appropriate evidence, not just statements made by you standing there in the witness box. “

Judge Burns said if this was a path Hoffmann wanted to pursue, he would have to waive any legal privileges that existed between himself and his former lawyers, Jon Tippett QC and Peter Maley.

The judge warned Hoffmann if this happened, Mr. Tippett and Mr. Maley would then be able to testify on the advice they gave him and the circumstances around him altering his plea.

The case will return to the NT Supreme Court for a mention on February 11.

Until then, NT Legal Aid will send Hoffmann’s application, and the letters he wrote from prison, to a review committee that will determine if there will be further legal aid and the appointment of a new one. representation.

No date has been set for the sentencing hearing.

    A close up of two white men with dark facial hair
Crown Attorney Lloyd Babb SC, right, appeared today via video link.(ABC News: Michael Franchi)
Lawyers boycott courts against search of PTM lawyer home – Pakistan Sun, 09 Jan 2022 02:31:39 +0000

KARACHI: Lawyers on Saturday boycotted lawsuits in municipal courts protesting a raid by Rangers on the home of senior lawyer Qadir Khan and “kidnapping” of his son, who was later shown arrested by police but acquitted by a court in a drug case.

The lawyers did not appear before the judges to plead their cases set for the day. Subsequently, a large number of cases were simply adjourned while the litigants faced many difficulties.

In a statement, the secretary general of the Karachi Bar Association (KBA), Naeem Memon, said the legal fraternity had not attended legal proceedings regarding the incident.

Lawyer Qadir Khan’s house was raided and his son, Asad Khan, was arrested by Rangers on January 6, he said.

Lawyer Khan has represented several members of the Pashtun Tahaffuz Movement (PTM), including MP Ali Wazir, in criminal cases tried by the anti-terrorism courts in Karachi.

Later, the brigade police produced lawyer Khan’s son before Judicial Magistrate Wazir Memon for his pre-trial detention in a drug case.

The investigator claimed that approximately 24 grams of heroin had been recovered in his possession.

However, a number of lawyers reached court and opposed the IO’s request for dismissal, arguing he had been convicted in a bogus case.

After hearing the arguments of both parties, the magistrate discharged the suspect from the case under Article 63 (Discharge of the arrested person) of the Code of Criminal Procedure.

Dawn attempted to contact a Rangers spokesperson for her version but to no avail.

Posted in Dawn, January 9, 2022

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Do not rush the installation of the new Olubadan, advises the lawyer in Makinde | The Guardian Nigeria News Fri, 07 Jan 2022 18:42:00 +0000

Ibadan-based lawyer Chief Michael Lana advised Governor Seyi Makinde of Oyo State not to rush the installation of a new Olubadan from Ibadanland due to the existence of a lawsuit involving Senator Lekan Balogun, just after the stool and the state government.

Lana, in a letter to the governor; Professor Oyelowo Oyewo (SAN), the state commissioner for justice and attorney general and the state justice ministry, on Monday in Ibadan, advised Makinde to take it easy after the ongoing trial.

The Nigerian News Agency (NAN) recalls that Oba Saliu Adetunji, 93, the 41st Olubadan in Ibadan, died Sunday morning at University College Hospital (UCH) in Ibadan from an illness.

NAN reports that Oba Adetunji ascended to the throne of his ancestors on March 4, 2016.

Lana said Balogun, who is expected to be the new Olubadan, went to court to overturn the consent judgment which overturned gazettes that recognized high chiefs and Baals as Obas in Ibadanland.

According to him, the administration of the late chief Abiola Ajimobi in 2017 conferred the title of Obaship on certain high chiefs and Baals, “thus disrupting the smooth rise of the chiefdom of Ibadanland”.

Lana recalled that the rights granted to chiefs to wear crowns and beaded crowns were contested by Grand Chief Rashidi Ladoja, whereupon the court overturned the said award.

“Consequently, the Court of Appeal, in appeal n ° CA / IB / 99/2018, quashed the said judgment on technical grounds, sending it back to the High Court for a new trial,” he said. declared.

The lawyer reminded Makinde that when he took office as state governor, the case was resolved amicably through a settlement, which became the court judgment.

According to him, the Grand Chiefs and Baals have taken two separate actions to overturn the judgment by consent, while clinging to the title of Obas.

This, he said, amounted to contempt of court.

Lana particularly mentioned that “one of the cases was instituted by Balogun in the case n ° 1/22/2020-HRM OBA (SENATOR) LEKAN BALOGUN & ORS V GOVERNOR OF OYO STATE & ORS”.

He further explained that since the Olubadan Chiefdom Declaration of 1957 had not been amended, it therefore remained in effect.

As part of the statement, he said that no Oba can ascend the throne of Olubadan.

“In other words, as long as the High Chiefs clung to the title of Oba, they could not ascend the throne.

“Any installation of any of them during this trial is illegal, null and void,” he said.

According to him, the way forward will be for the chiefs to withdraw the aforementioned cases or wait for the court to rule.

“If the court judges that they have the right to be Oba and wear beaded crowns, then they are perpetually prohibited from becoming another Oba.

“Nowhere in the customary law of a Yoruba town is an Oba raised to become another Oba.

“If, on the other hand, the court upholds the terms of settlement position and their Obaship title is illegal, then they are free to be elevated to the position of Olubadan,” Lana said.

However, the state justice commissioner and attorney general could not be reached for comment on the letter.

All efforts by the Nigerian News Agency (NAN) correspondent to make phone calls to him were unsuccessful.

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Lawyer Says Ash Street Lobbyist Has COVID; deposit still delayed Wed, 05 Jan 2022 13:00:51 +0000

Attorney for Christopher Wahl, the lobbyist who has met with officials to try to resolve the dispute over the city’s lease for the Ash Street skyscraper, said his client had contracted COVID-19 and would not attend a deposition scheduled for Thursday.

“Please note that Mr Wahl tested positive today for COVID and is therefore no longer available for his Jan. 6, 2022 deposition,” lawyer Neal Panish wrote to lawyers representing John Gordon, a resident of San Diego suing the city. the controversial 101 Ash Street lease.

Panish suggested tentative alternate dates at the end of next week, “provided that Mr. Wahl’s quarantine and recovery is sufficient to allow the filing to proceed safely and provided that you and the other attorneys are available “.

The announcement, which was emailed Monday evening, sparked some skepticism. Gordon’s lawyers have been trying to get Wahl sworn in since they first subpoenaed him in October.
In November, they went to court to try to compel Wahl to appear after refusing to attend a scheduled deposition.

“If your statement is correct, we wish Mr. Wahl a speedy recovery,” lawyer Maria Severson replied to Panish. “However, it is concerning that you are using the same delay tactics as before referring to other attorneys’ schedules as the basis for a further delay.

“Our request is simple: provide a specific date for Mr. Wahl’s testimony,” she added.

Wahl is lobbying on behalf of Cisterra Development, the middleman that acquired the 19-story tower at 101 Ash Street from its long-time former owner and immediately entered into a long-term capital lease with the city. Cisterra is now being pursued by the city.

According to Wahl’s revelations, he met with City Attorney Mara Elliott and Jay Goldstone, Mayor Todd Gloria’s director of operations, among others, to try to settle the dispute.

Attorney Michael Riney, who represents Cisterra Development in the court proceedings, said he would also not be available to attend a deposition from Wahl between the end of next week and much of the rest of January or during most of the first half of next month.

“In postponing the deposition, please respect my previously mentioned unavailability of Jan. 14-23, as well as Feb. 2-9,” Riney said in an email to other attorneys on Tuesday.

Wahl is a key figure in the Ash Street controversy, having worked for past and current building owners. He also helped connect former San Diego Mayor Bob Filner with Jason Hughes, the city’s supposed volunteer real estate broker who secretly made $ 4.4 million on the deal.

Gordon’s attorneys say they want to question Wahl about his discussions with Elliott and others. Wahl and his cabinet have revealed that they have made thousands of dollars in political contributions to local elected officials over the years.

San Diego acquired the Ash Street property “as is” for $ 128 million under a 20-year lease, but its occupancy is dangerous due to asbestos and other issues for a few years. weeks since 2017. The city has spent $ 60 million. -more on lease payments, building upgrades and maintenance.

The city faces dozens of legal claims from employees and contractors who claim they have been wrongly exposed to asbestos. She has filed separate lawsuits against Cisterra and Hughes which are pending in San Diego Superior Court, and the city is a defendant in the Gordon case. Meanwhile, District Attorney Summer Stephan has opened a criminal investigation into the lease-to-buy agreement.

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Lawyers announce strike against elevation of Judge Ayesha Mon, 03 Jan 2022 17:19:25 +0000


Representatives of the higher bar associations again threatened to boycott all court proceedings in case the January 6 Pakistan Judicial Commission (JCP) meeting to consider the appointment of Judge Ayesha Malik for her appointment as a judge of the Supreme Court would not be postponed or revoked.

A meeting of representatives from Pakistan, provincial and Islamabad bars, the Supreme Court Bar Association and all High Court bar associations was held on Monday.

The meeting expressed its commitment to the independence of the judiciary, the rule of law and the establishment of genuine democratic institutions in the country.

Read more: Judge outlines reasons why he opposed Ayesha’s elevation

The representative meeting took note of the appointment of Judge Ayesha Malik for appointment to the Honorable Supreme Court, violating the principle of seniority, replacing three honorable judges of the High Court of Lahore (LHC), including the Honorable Judge in chief, who are not only superior to her. in service but also senior in legal practice prior to their elevation to the Honorable High Court.

The participants were of the opinion that the meeting of representatives also believes that the bar association constantly demands to set the criteria for the elevation of judges to the higher magistracy, not only for appointment to the Supreme Court, but also to the high courts and the judiciary. federal sharia. To research.

“The Bar is of the opinion that the detailed criteria for the elevation and appointment of superior court judges should be set by the Pakistan Judicial Commission in consultation with the Bar and the Parliamentary Commission who are all equal stakeholders.

Also read: Deadlock on Raising Judge Ayesha to the highest court

Representatives of the JCP bars over the past three years are also calling for changes to the Judicial Commission Rules, 1980, which are admittedly very summary, but no attention is paid to such valid and genuine requests.

“Therefore, this meeting is of the opinion that no further appointment to the Supreme Court will be made until the detailed criteria namely taking into consideration the principle of seniority and therefore also the amendments in the rules of the Pakistan Judicial Commission, 1980 for such an appointment is made. “

This Meeting of Representatives further wishes to draw the attention of the Honorable Chief Justice of Pakistan to his own well-founded principle that no Chief Justice should initiate the process of elevation or appointment to the higher magistracy approaching the end of the spectrum. end of his term, therefore, the meeting in all humility requests him to recall the January 6, 2022, meeting of the Pakistan Judicial Commission for the appointment of Judge Ms. Ayesha Malik, to the Honorable Supreme Court.

The representative meeting also decided to call upon Parliament and all political parties for amendments to Article 175A and Article 209 of the Constitution regarding the appointment of superior court judges and their dismissal.

Judge Ayesha became an LHC Judge in March 2012 and is currently fourth on the LHC Judges Seniority List

In the case of her elevation, she will work as a Supreme Court judge until June 2031.

She will also become Chief Justice of Pakistan following the retirement of Judge Yahya Afridi in January 2030.

No female judge has ever been elevated to the Supreme Court in the country’s judicial history.

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“Lawyers can only access clients by going to Guantanamo” Sat, 01 Jan 2022 23:06:49 +0000

KUALA LUMPUR: Indonesian terrorist Hambali can now speak English and even taught himself Arabic after his arrest 18 years ago.

His lawyer Jim Hodes said Hambali and his two partners imprisoned with him, Mohammed Nazir Lep and Mohammed Farik Amin, were only allowed a strictly controlled call four times a year, lasting 15 minutes each.

“We, as their lawyers, are not allowed to speak to them over the phone and can only access them by going to Guantanamo in a long and convoluted and heavily controlled manner,” Hodes said.

Hambali, 57, enjoys watching shows like Planet Life and Blue Planet on DVD, according to a report.

In 2010, Mstar – The Star’s Bahasa Malaysia news portal – obtained a photo of Hambali from his brother Kankan Abdul Qadir, who lives in Cianjur, West Java, Indonesia.

Hambali’s lawyer, Jim Hodes

The photo was given to the family with the help of the International Committee of the Red Cross (ICRC). He pointed to a frail, bearded Hambali, reading a book.

Hambali’s wife Sabahan Noralwizah Lee Abdullah @ Lee Yin Len, a Chinese convert, is reportedly staying with the family.

She was arrested along with Hambali in the central city of Ayutthaya, Thailand, in 2003.

After her release from a two-year detention under the Homeland Security Act, she remained in Beluran district on the east coast of Sabah.

It was reported that his sister Noral Fadilah @ Lee Ah Lin was married to Abu Yusuf @ Dandang Surman, another terrorist.

Abu, who was born in West Java, Indonesia, and is believed to be a permanent resident of Malaysia, stayed in Afghanistan for five months, according to a 2003 report from the International Crisis Center on Jemaah Islamiyah (JI).

Noralwizah and Hambali met at the Luqmanul Hakiem School in Ulu Tiram, Johor, which was founded by two Indonesian JI members, Abdullah Sungkar and Abu Bakar Bashir.

Abdullah died in 1993 while Abu Bakar, 82, was released from Indonesian prison last January after his 15-year sentence was reduced for good behavior.

Hambali’s 2010 photo was probably the last photo the world saw until his new photo was released recently by his lawyers.

He was the second in a family of 13 children of a rice farmer in the small village of Sukamanah, where he became involved in radical activities as a teenager.

In fact, he traveled to Afghanistan in 1983 to fight the Soviet Union, where he received weapons training. It was reported that between 1987 and 1990 he met the late Osama bin Laden.

It was also reported that Hambali even allegedly called Mohamed Jamal Khalifa, a brother-in-law of Osama. The two may have met in Afghanistan during the war. Jamal, who was accused of financing terrorist plots, was killed in Madagascar in 2007.

“My client (Hambali) was detained in 2003. He was isolated and tortured by the US government for the next three years.

“He was then held in solitary confinement for the next 10 years. His living conditions are now better than when he was tortured and held in solitary confinement, ”Hodes said.

He claimed that “I don’t believe that anyone in the US government really thinks my client poses a threat to anyone, let alone anyone in the US”, but Hambali’s jailers reportedly claimed that ‘ “He used the daily prayers led to promote violent jihad among fellow inmates.”

“He also uses his language lessons and his status as a teacher to exert undue influence on others,” it was reported.

Hodes said he looks forward to having contacts with Indonesian and Malaysian authorities to discuss this and other issues in the future.

Mohd Farik, 46, an engineer born in Kajang, is also a cousin of famous Malaysian terrorist Zulkifli Abdhir @ Marwan, who was killed by the Philippine army.

He was a leader of Kumpulan Mujahidin Malaysia, which was linked to JI and listed on the FBI’s Most Wanted Terrorist List.

Johorean Mohd Nazir, 45, an architecture graduate, is described as a “valuable inmate” and “Hambali’s lieutenant”.

In an interview with the New Straits Times in 2016, his brother Zahbah Lep said Nazir began to turn to Islamic politics at the age of 16 and studied at Politeknik Sultan Abdul Halim with Farik when he started. to join the JI and Tarekat groups.

“I was shocked when I was shown a photo of him wearing a fatigues fight with Osama bin Laden in the desert. I just couldn’t believe he was able to do this,” said Zahbah in the report about the photo shown to him by the officers of the special branch.

It was reported that he joined the Territorial Army to learn military skills before heading to Afghanistan, where he also met Osama.

The United States has admitted that arrested terrorists were tortured and the existence of secret CIA interrogation centers abroad known as black sites (even in Morocco and Romania) where Hambali was allegedly interrogated .

Time magazine claimed in 2003 that all three were also interviewed on the remote Indian Ocean island of Diego Garcia, a US military base.

Hambali was allegedly subjected to nearly three years of solitary confinement, interrogation and torture, according to a Reuters report in 2014.

More details on these methods of detention and interrogation can be found online in a 2014 report of the Special Senate Committee on Intelligence.

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Why are lawyers more powerful than the police? – The 6 best reasons Fri, 31 Dec 2021 06:05:36 +0000

In terms of time and investment, becoming a lawyer is a colossal task. Law school and passing the bar are two difficult tasks. Understanding what’s great about this career and being able to see it on the horizon can help you stay motivated at times. Moreover, when you compare this law with other conventional professions, the beauty of this legitimate career increases. In this article, we’ll explain why lawyers are always more professional and powerful than cops.

Here are the main reasons lawyers are more powerful than the police.

1. The wealth

Lawyers are one of the highest paid legal experts, most earning far more than the state average. According to the United States Bureau of Labor Statistics, the median annual compensation of all lawyers was $ 120,910 in 2018, however, the best lawyers in the world can earn salaries in the millions of dollars. On the other hand, the conventional cop’s salary is not very attractive.

However, remember that not all lawyers make a lot of money. It varies depending on company size, amount of experience, and location. Lawyers who work in large law firms, in large cities, or in high-demand specialties earn the most money. Those who work for government, like legal aid programs, are in a different situation.

2. International relations

For generations, lawyers have been at the heart of society. As lawmakers and opinion leaders, they are in a unique position to influence societal change. They draft laws, preside over the judiciary and hold positions of power in government. They can influence key officials and leaders, as well as bring about change in the world.

3. Generic working environment

The majority of lawyers work in law firms, administrations and companies. Lawyers often work in four-wall offices, although cubicles have become the norm in the modern workplace. Those who work for larger companies have access to more luxurious accommodations, more support staff, and a variety of office benefits, such as gym memberships and lodges for sports matches.

4. Love people – because you are helping them!

Lawyers are in a unique position to help individuals, groups and organizations solve legal problems while advancing the public interest. The interest of public lawyers supports legal cases for the greater good of society and helps those who might otherwise not be able to afford a lawyer.

Volunteer work is often done by lawyers in private practice to help low-income people and under-represented groups, such as the elderly, victims of domestic violence and children. Many lawyers, in fact, hire lawyers to volunteer a certain number of hours each year.

5. A prestigious position

For millennia, the legal profession has been associated with distinction. Lawyers have joined an elite group of professions that command respect and exemplify the definition of success, with impressive credentials and a degree of influence over others.

Lawyers have a distinct professional status and are often portrayed in the media as glamorous.

6. Knowledge of the law

Lawyers only have authority because of their exceptional legal expertise; they use their legal knowledge like a sword and attend court to protect and save their clients. In relation to the police, lawyers have no influence outside the courtroom and are not entitled to receive salaries and public benefits.

Our common basic principles of access to justice, autonomy, diversity and the legal system unite us as a profession and allow us to make a difference.

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California ‘unconscious bias’ rule will make it harder for lawyers to remove potential jurors Wed, 29 Dec 2021 14:58:39 +0000

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Jury selection in California is about to get more complicated, with a new rule coming into effect in the new year that will make it harder for lawyers to remove potential jurors from the jury roll for fear that too many ‘between them act in a partial way.

Typically, each party is allowed a certain number of “peremptory” strikes, which means they can eliminate a juror without giving a reason, but the Supreme Court’s decision in Batson v. Kentucky has banned the use of such strikes to screen potential jurors on the basis of race. .


California new rule – the latest in a growing trend of jury selection reform – extends to “conscious or unconscious bias” against several other protected classes. It allows opposing attorney to challenge peremptory strikes and takes Batson much further, attributing bias to many of the reasons a lawyer might give to justify their decision.

The rule applies to cases where jury selection begins on or after January 1, 2022.
(ROBYN BECK / AFP via Getty Images)

“A peremptory challenge for any of the following reasons is presumed invalid unless the party exercising the peremptory challenge can prove by clear and convincing evidence that an objectively reasonable person would regard the justification as unrelated to race, origin ethnicity, sex, gender identity, sexual orientation, national origin or religious affiliation, or perceived membership in any of these groups, and the reasons given relate to the juror’s ability potential to be fair and impartial in the matter, ”states the rule before listing 13 potential candidates. of the reasons for striking off a juror which he supposes to be rooted in a prejudice.

These include the removal of a juror because of them “[e]expressing mistrust or negative experience with law enforcement or the criminal justice system “or” a belief that law enforcement officials engage in racial profiling or that criminal laws have been applied in a discriminatory manner ” .


The rule also opposes the removal of jurors for “[h]have a close relationship with people who have been arrested, arrested or convicted of a crime ”, for having children out of wedlock, not being of English mother tongue, their dress or personal appearance, lack of employment , receive government benefits, etc. .

The rule applies to cases where jury selection begins on or after January 1, 2022.

Gabriela Casarez, 26, who pleaded not guilty to two counts of child abuse and one count of assault leading to coma or paralysis appeared in Norwalk court with her lawyer Jesse Ruiz, right , for a preliminary hearing on December 6, 2021.

Gabriela Casarez, 26, who pleaded not guilty to two counts of child abuse and one count of assault leading to coma or paralysis appeared in Norwalk court with her lawyer Jesse Ruiz, right , for a preliminary hearing on December 6, 2021.
(Al Seib / Los Angeles Times via Getty Images)

California isn’t the first to take such action, and it probably won’t be the last. The rule is based on the state of Washington General rule 37, which has the stated purpose of challenging “inappropriate bias” in jury selection. California and Washington allow not only opposing counsel, but the court to challenge peremptory strikes for this reason.

“This revolutionary rule for jury selection will reduce the damage done by racial and ethnic bias to the integrity of our justice system and to communities of color,” said Nancy Talner, lawyer for ACLU-Washington at the adoption of his state rule in 2018.

Arizona has went even further, completely eliminating peremptory challenges with a clean rule that takes effect at the start of the new year.

Connecticut, Kansas, Massachusetts, New Jersey, New York, North Carolina, Oregon, and Utah have all considered rules like Washington’s or abolishing peremptory strikes like Arizona, but they don’t. did not come to a final conclusion.

The Colorado Supreme Court rejected the adoption of a rule similar to Washington’s.

While all states considering or enacting such rules cite the value of addressing explicit or implicit bias in jury selection, New Jersey criminal defense attorney and former Morris County chief prosecutor Bob Bianchi, believes that the restrictions on peremptory challenges fail to take into account the “reality of the courtroom and hamper the ability of lawyers – and their clients – to select impartial juries.”

Bianchi is on a committee of the New Jersey Bar Association that opposes efforts to eliminate or severely limit peremptory challenges in his state. Addressing the new California law, Bianchi said he actually agreed that most of the reasons for dismissing a juror that are presumed to be one-sided have no place in the search for an impartial jury. He takes issue with the idea, however, that it is presumed inappropriate to strike a juror on the basis of negative experiences or feelings towards law enforcement, but not positive feelings.

“What does this really mean? If a person says they hate the police and doesn’t trust a word they say, can’t that person be fired? Isn’t that a bias against the state? ” He asked. “And why isn’t it balanced to include those who have a positive experience with the cops or the justice system?” “

Bianchi said that having a system designed to prevent people with negative views on law enforcement from receiving the same treatment as others, “is inherently unfair and unbalanced at first glance and defies the common sense “and” specifically prohibits things in favor of the defense only. “

Bianchi acknowledged that allowing lawyers to explain their reasoning if their peremptory strike faces an objection helps alleviate the problem.

“But, I don’t think we should have to do this with preemptive challenges,” he said. Bianchi also noted that “knowing the judges, most of the time, a lawyer will be unable to meet the burden of winning by a clear and convincing standard.”


While believing that these rules are tilted in favor of the defense, Bianchi also pointed out that they take away some of the little power a defendant might have during his trial.

“This stage of the proceedings is the only time an accused has a meaningful opportunity to participate in who will truly be a jury of his peers,” he said. “If a client says ‘hit this person’, do we now have to ask the client who has the right to silence to disclose their reasoning? “

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