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Legal news from Saturday, January 15, 2011 |
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Impeached former federal judge surrenders law license
Maureen Cosgrove on January 15, 2011 3:22 PM ET

[JURIST] The Supreme Court of Louisiana [official website] on Friday granted [text, PDF] the request of a Louisiana federal judge who sought to permanently resign from practicing law. Ex-federal judge Thomas Porteous [JURIST news archive] voluntarily surrendered his law license after being convicted on four articles of impeachment and removed by Congress [JURIST report] in December. Pursuant to the order, Porteous is no longer permitted to practice law or seek readmission to the practice of law in Louisiana or in any other jurisdiction. Porteous was accused of accepting bribes from lawyers while a judge for the US District Court for the Eastern District of Louisiana [official website], making false statements in his bankruptcy declaration and lying to Congress during his confirmation.
The US House of Representatives [official website] voted unanimously [JURIST report] in March to impeach Porteous. After an investigation [report text, PDF] by a special committee, the Judicial Conference found "substantial evidence" that Porteous had signed false financial disclosure forms, falsified statements in a personal bankruptcy proceeding, made false representations to secure a bank loan and violated criminal laws [text] and ethical rules by soliciting and receiving "cash and other things of value" from lawyers in a bench trial over which he was presiding. Porteous' decision in that case, In re Liljeberg enters v. Lifemark Hospitals, was later partially reversed [opinion] by the US Court of Appeals for the Fifth Circuit, which earlier this year reprimanded Porteous [text, PDF]. A House committee began investigating Porteous [JURIST report] in 2008. Porteous is the eighth federal judge to be impeached and convicted by Congress.


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Tunisia constitutional council announces interim president, new elections
Maureen Cosgrove on January 15, 2011 2:37 PM ET

[JURIST] The Tunisia Constitutional Council on Saturday officially announced that President Zine al-Abidine Ben Ali [official website] has permanetly left the office of the president. The council, the country's highest legal authority on constitutional issues, declared that the leader of the lower house of parliament, Foued Mebezza, will assume power [AFP report] until elections are held in two months. The council made its ruling at the request of Prime Minister Mohammed Ghannouchi [Reuters profile] and based its ruling on article 57 of the constitution, declaring a "definitive" vacation of the presidency. Before flying out of Tunis to seek refuge in Saudi Arabia, Ben Ali signed a decree granting interim presidential powers to Ghannouchi, attempting to leave open the possibility of returning to office. Mebezza took the oath of office [Al Jazeera report] on Saturday and according to the council he should organize new presidential elections within 60 days.
On Friday, Ben Ali declared a state of emergency [JURIST report] amid nationwide protests, banning public gatherings and allowing police to fire on anyone refusing to obey orders. The declaration came a day after Ben Ali promised to cut prices [CNN report] on basic food supplies and order security forces not to use live ammunition except in cases of self-defense, as an attempt to end the protests. The protests were largely against Ben Ali and his family, who controlled numerous sectors of the economy and face accusations of corruption. Efforts to end the protests failed and within hours of the announcement Ben Ali had fled the country [BBC report] after 23 years in office, leaving Ghannouchi to assume power as interim president. In an announcement on state television [video, in Arabic], Ghannouchi cited Chapter 56 of the Tunisian Constitution [text], allowing the president to delegate his powers to the prime minister. He went on to assert that the government would adhere to the rule of law and that the announced reforms would still be implemented.


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UN official expresses concern over violence against Palestinians
Dwyer Arce on January 15, 2011 11:00 AM ET

[JURIST] UN Special Rapporteur Richard Falk on Friday alleged that Israeli authorities had committed several illegal acts [press release] in the Palestinian territories [UNICEF backgrounder] since the start of the year, making the prospect of a viable Palestinian state unlikely. These events include the killing of four Palestinians by the Israel Defense Forces (IDF) [official website], all of which were not justified according to Falk, and the demolition of the Shepherd Hotel [Economist report] in East Jerusalem in order to build more Jewish settlements [B'Tselem backgrounder]. The settlements, according to Falk, were part of an "accelerating pattern in Jerusalem that consists of shifting the demographic balance to reinforce Israeli claims to control permanently the entire city," thereby making Palestinian claims for an independent state with East Jerusalem as its capital impossible. Falk explained the significance of these events:Together these events demonstrate a general and unacceptable Israeli disposition to use excessive force against Palestinians, who are already suffering from prolonged occupation. It is impossible to separate this pattern of excessive use of force against Palestinians from the indiscriminate use of force against civilians in Israel's larger occupation policy, as illustrated by the cruel punitive blockade that has been imposed on the people of Gaza for more than three years and by the illegal manner in which Israel carried out attacks for three weeks on the defenseless population of Gaza two years ago. It is time for the international community to step in and offer this long vulnerable Palestinian population protection against the violence perpetrated by Israeli authorities. Falk went on to call for the international community to take steps to protect Palestinians from Israeli forces.
Israel has faced ongoing criticism from the UN and international human rights groups for its action in the Palestinian territories, which have been under Israeli military control since 1967. In June, Israeli human rights group B'Tselem [advocacy website] released its annual report [JURIST report], noting an advancement in the rights of Palestinians, but calling for greater improvement. The report found that fatalities had declined by 80 percent compared to the previous year, and the quality of life had improved in the West Bank. The report called on Israel to dismantle all settlements, saying that merely halting new settlements is insufficient. The rights organization also chided Israeli security forces for not adequately protecting Palestinians from violence at the hands of Israelis, criticizing a "history of leniency" against the perpetrators of that violence. In March, UN Secretary-General Ban Ki-moon called Israeli settlement construction in the West Bank "illegal" [JURIST report], and supported a plan by Palestinian Authority Prime Minister Salam Fayyad [BBC profile] to build the institutions of an independent state by 2011.


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