Bellevue Sch. Dist. v. E.S., No. 83024-0 (Wash. Jun. 9, 2011)(Concurrence) (Dissent)
We are asked to decide whether the due process clause of the Fourteenth Amendment to the United States Constitution or the due process clause
set forth in article I, section 3 of the Washington Constitution requires appointment of counsel to represent a child at an initial truancy hearing.
The Court of Appeals, Division One held that due process protections compel appointment of counsel at that stage of a truancy proceeding. We hold that the Court of Appeals erred in making that determination and, therefore, reverse its decision . . .
For reasons set forth above, we hold that the Fourteenth Amendment to the United States Constitution does not require that appointed counsel represent a child in an initial truancy hearing. We conclude, additionally, that in this context the Gunwall factors do not support an independent inquiry under article I, section 3 of the Washington Constitution. The Court of Appeals is reversed.
- Posted: 06/09/2011
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- Category: Marriage & Family
- Tags: Category: Bench and Bar, Category: Marriage and Family, Group: American Civil Liberties Union (ACLU), Topic: Education, ZZ: Bellevue Sch. Dist. v. E.S.
A Milpitas man who used a computer to paste photos of his 13-year-old daughter’s head onto bodies of women in graphic poses shouldn’t have been convicted of possessing child pornography because the pictures didn’t show minors engaging in sex acts, a state appeals court ruled Wednesday.
- Posted: 06/09/2011
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- Category: Featured
- Tags: State: California, Topic: Child Pornography, Topic: Pornography
U.S. Appeals Court: Schools Can Ban Worship | Christianity Today | A Magazine of Evangelical Conviction: Like Good News Club v. Milford Central School, which also originated from the Second Circuit Court, the Bronx Household case may end up in the Supreme Court, said Jordan Lorence, senior counsel for the Alliance Defense Fund. The Bronx Household of Faith plans to appeal the Second Circuit ruling and submit it for reassessment by the full circuit court or the Supreme Court, he said . . . The Supreme Court has reprimanded the Second Circuit Court for ignoring precedent in the past, [Kim] Colby said. “I wouldn’t be surprised if the decision was instantly reversed just based on previous decisions.”
- Posted: 06/09/2011
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- Category: ADF in the News
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- Source: www.christianitytoday.com
- Tags: ADF: Jordan Lorence, ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, Group: Christian Legal Society, Topic: Education, ZZ: Bronx Household of Faith v Board of Education of the City of New York
The Desert Sun: A request to dismiss the suit, filed by the Alliance Defense Fund on behalf of Lou Ann Hart and Sheryl Caronna, will be filed today, said David Cortman, an attorney with the Alliance Defense Fund, a group of Christian lawyers. . . . The district “basically took what I would consider to be the cowardly way out and they shut down the forum completely,” said Cortman. “Rather than allow a few Bible verses, they completely censored everyone’s speech.”
- Posted: 06/09/2011
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- Category: ADF in the News
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- Source: www.mydesert.com
- Tags: ADF: David Cortman, ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, State: California, Topic: Education, ZZ: Hart v. Tomack
NCPA Policy Digest: The housing bust has been kinder to higher-priced homes than to lower-priced ones, says USA Today. Nationwide, top-tier homes have lost 38 percent of their value since prices peaked in 2006. By contrast, prices for bottom-tier homes have dropped 63 percent since peaking in 2007, says real estate website Zillow.com.
- Posted: 06/09/2011
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- Category: Miscellaneous
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- Source: www.ncpa.org
- Tags: Topic: Economy
The Hill: Last month, 44 GOP senators said they would filibuster any nominee to head up the agency unless changes were made to the bureau. That has been countered by a letter from 89 House Democrats sent to Obama last week calling for a recess appointment of Warren as head of the bureau.
- Posted: 06/09/2011
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- Category: Bench & Bar
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- Source: thehill.com
- Tags: Topic: Nominations, Topic: Unions
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Christian Post: “There has to be a wall institutionally between the government and the church or religious groups,” he said. “But many have taken that law of separation to think that it means separating religion from politics, which is precisely the opposite of what the Founding Fathers wanted.”
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