Thursday, March 6, 2014

UN court: Australia cannot use seized documents


The United Nations' highest court on Monday banned Australia from making any use of documents it seized from a lawyer working for East Timor in an arbitration case over a multibillion-dollar oil and gas deal between the two nations.

The International Court of Justice also ordered Canberra not to "interfere in any way in communications" between East Timor and its legal advisers in the arbitration or future negotiations on a maritime boundary between resources-rich Australia and its tiny, impoverished northern neighbor.

Australian agents in December raided the Canberra office of a legal adviser to East Timor and seized documents and data. That followed claims by a former Australian spy that his country bugged the East Timorese government ahead of negotiations on the Timor Sea Treaty that carves up revenue from oil and gas under the sea between the two countries.

East Timor wants to renegotiate the treaty, arguing that it is invalid because of the alleged bugging.

It went to the world court arguing the seizure was illegal. Monday's orders did not address that claim, which will be litigated later.

Monday, February 3, 2014

SC Supreme Court to rule on public autopsy reports


South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.

The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.

The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.

Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.

It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.

Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.

"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too."

SC Supreme Court to rule on public autopsy reports


South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.

The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.

The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.

Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.

It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.

Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.

"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too."

SC Supreme Court to rule on public autopsy reports


South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.

The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.

The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.

Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.

It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.

Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.

"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too."

SC Supreme Court to rule on public autopsy reports


South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.

The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.

The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.

Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.

It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.

Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.

"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too."

SC Supreme Court to rule on public autopsy reports


South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.

The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.

The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.

Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.

It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.

Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.

"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too."

Monday, January 6, 2014

California appeals court upholds plastic bag ban


A California appeals court has upheld San Francisco's ban on single-use plastic bags that can serve as a precedent for other cases.

The San Francisco Chronicle reports the 1st District Court of Appeal issued its ruling last month and published it Friday as precedent binding on lower courts. The ordinance was passed in February 2012 and prohibits plastic bags that can be used only once and requires stores to charge 10 cents for recyclable plastic or paper bags.

A lawsuit by Save the Plastic Bag Coalition said plastic bags took more energy to produce than plastic and take up more space in landfills.

Similar measures have been adopted in about 50 cities and counties in California and have survived legal challenges. The state Supreme Court upheld a plastic-bag ban in 2011.