Daily Archives: April 18, 2013

Supreme Court refuses to hear 2nd Amendment case

The U.S. Supreme Court declined to hear a case that contended the Second Amendment protects the right to carry a gun in public.  The denial of this petition had no comments.  Because there were no comments to the denied petition, there is no way to know why the Supreme Court chose not to get involved in this controversy.

The case is Kachalsky v. Cacace.  The issues presented to the Supreme Court were:

  1. Whether the Second Amendment secures a right to carry handguns for self-defense outside the home; and
  2. Whether state officials violate the Second Amendment by denying handgun carry licenses to responsible, law-abiding adults for lack of “proper cause” to bear arms for self-defense.

The Second Circuit Court of Appeals (Kachalsky v. County of Westchester, 701 F.3d 81 (2d. Cir. 2012)) affirmed the district court’s decision to grant summary judgment to the State.  The district court found that the plaintiffs lacked standing to sue.  The district court concluded that carrying concealed weapons in public is “outside of the core of the Second Amendment concern.”  Alternatively, the district court also concluded that the “proper cause” requirement would survive the scrutiny under the Second Amendment.

The SCOTUS blog,

 

 

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Filed under Appellate, civil rights, legal decision, Supreme Court

Minnesota Senate passes increased funding for public defenders

Minnesota Lawyer (subscription required) reports on the bill for public defenders’ funding.  The background of the funding for public defenders is as follows.

In 2008, public defenders were funded through attorney’s registration fees.  The Minnesota Supreme Court upheld this type of funding.  Through this funding, the state Board of Public Defense was able to generate around $1.9 million annually.  This request was reapproved in 2011.

However, in December, the state Board of Public Defense withdrew its request to earmark funding from the attorney registration fee.    This decision came in December, when various committees and group sections of the Minnesota State Board Association removed its support for the petition.

On Tuesday, April 16th, 2013, the state Senate passed a judiciary funding bill that increases funding for public defenders.  The bill provides $5 million for increased employee salary and benefits for public defenders.  The bill also provides $5.6 million for new public defenders positions that will reduce caseloads.  The Senate bill was passed by 47-18 votes.

The Senate Judiciary Finance Division Chairman Ron Latz (DFL-St. Louis Park) stated that the bill helps alleviate a public defender system that is “overworked, overburdened, [and] has some of the biggest caseloads in the country.”

via Minnesota Senate passes increased funding for public defenders | Minnesota Lawyer.

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Filed under attorneys, courts, District Court, employment, Pending Legislation, wage