Court Digest

California
Judge upholds state’s ban on carrying guns in public
SACRAMENTO, Calif. (AP) — A U.S. judge on Monday upheld California's near-total ban on carrying guns in public even as protests in other states have seen counter-demonstrators armed with weapons.

U.S. District Judge Kimberly Mueller denied a review of a 2017 federal appeals court decision that upheld the law, which bans carrying concealed weapons in most urban areas and permits open-carry of weapons only if someone believes that a person is in immediate danger and law enforcement has failed to respond, the San Francisco Chronicle reported.

However, Mueller also said gun owners can proceed with a lawsuit against California over the ban while awaiting a court hearing next month involving another open-carry ban in Hawaii.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals is scheduled on Sept. 24 to consider a challenge to the law, which effectively only permits police and security guards to openly carry firearms. Any ruling is at least several months away but it would be binding in nine states, including California.

Amy Bellantoni, a lawyer for the gun owners, said they may ask the appeals court to halt enforcement of the California law while their case is pending, the Chronicle reported.

Most states permit open carrying of firearms. They include Wisconsin, where an anti-racism demonstration over the police shooting of Jacob Blake ended in the killing of two protesters and the arrest of 17-year-old Kyle Rittenhouse of Illinois, who was carrying a rifle although he wasn't legally of age to possess a gun.

Amy Bellantoni, a lawyer for the gun owners, said they may ask the appeals court to halt enforcement of the California law while their case is pending.

New Jersey
1st Black woman sworn in as justice on high court
TRENTON, N.J. (AP) — The first Black woman to sit on New Jersey's Supreme Court has been sworn in.

Fabiana Pierre-Louis took the oath of office Tuesday during a private ceremony in Trenton. She had been confirmed by the state senate on Thursday.

Pierre-Louis, 39, had been nominated by Gov. Phil Murphy in June to succeed Justice Walter Timpone, who who reaches the mandatory retirement age of 70 in November. She previously served for nearly a decade as an assistant United States Attorney in New Jersey and most recently was a partner at Montgomery McCracken in Cherry Hill, where she was in the white collar and government investigations practice.

The daughter of Haitian immigrants, Pierre-Louis was the first person to go to law school in her family. She is Murphy's first pick for the high court.

Murphy, a Democrat, has said that Pierre-Louis would carry on the legacy of John Wallace, who was the last Black justice on the state's highest court and who she clerked for.

Virginia
Lawsuit filed to keep Kanye West off ballot
RICHMOND, Va. (AP) — A law firm with ties to prominent Democrats has filed a lawsuit attempting to keep rapper Kanye West off presidential ballots in Virginia.

Attorneys for Perkins Coie filed a lawsuit in Richmond on Tuesday on behalf of two people who say they were tricked into signing an "Elector Oath" backing West's candidacy. Under state law, a candidate must have 13 electors pledge their support for a candidate as part of the criteria to appear on the ballot.

The lawsuit alleges that 11 of West's 13 electors may be invalid and asks the court to block West's name from appearing on ballots, which are set to be printed soon. Virginia will begin mailing absentee ballots later this month.

Lawyers for the West campaign did not immediately respond to requests for comment.

West supported President Donald Trump for reelection until announcing his own presidential bid in July.

Democrats claim Republicans are pushing West's candidacy in swing states to siphon Black votes from Democratic presidential candidate Joe Biden.

Arkansas
Court upholds dismissal of suit against university
JONESBORO, Ark. (AP) — A federal appeals court upheld the dismissal of a conservative group's lawsuit against Arkansas State University, which alleges that the school limited free speech on campus.

On Monday, the 8th Circuit Court of Appeals found that a university policy that has since been repealed was unconstitutional in regards to students recruiting members to an unregistered organization, the Arkansas Democrat-Gazette reported.

In 2017, attorneys with Alliance Defending Freedom filed the lawsuit on behalf of student Ashlyn Hoggard and conservative group Turning Point USA. Hoggard, who graduated in 2019, had set up a table on campus to recruit students for a Turning Point chapter, but a school official told her that she was in violation of the school's free speech zone policy.

The policy sets times and places for demonstrations and distribution of written material, which must be scheduled ahead of time.

Hoggard tried to reserve a table in the student union but was denied because only registered student organizations can reserve tables there, the lawsuit says. She set up a table outside the student union the next day before she was told to leave.

The court's opinion, written by U.S. Circuit Judge L. Steven Grasz, said that the tabling policy was "unreasonable and unconstitutional." He also wrote that the defendants named in the lawsuit "may reasonably have not understood this at the time."

The opinion also states that those university trustees are entitled to qualified immunity.

"We are pleased overall with the decision of the 8th Circuit Court of Appeals. We have no further comment at this time," Jeff Hankins, a spokesman for the ASU System, said in an email.

Chris Schandevel, an attorney with the Christian legal advocacy group, said in a statement that "by affirming that Arkansas State officials violated Ashlyn's constitutional rights, the court ensured that the law is clearly established going forward."

The appeal was filed after the university revised its speech policy to reflect a change in state law. In February 2019, legislators passed the FORUM Act, which blocked public colleges and universities from establishing free-expression zones.

In August 2019, U.S. District Court Judge Leon Holmes' decision to dismiss the case noted the school's revised policy.

Schandevel, told the newspaper in a statement that "we'll be deciding in the next several days whether more can be gained by appealing further." He said the lawsuit "prompted the Arkansas General Assembly to enact the FORUM Act."

Minnesota
Judge allows wineries to use out-of-state grapes
MINNEAPOLIS (AP) — A federal judge has struck down a Minnesota law that required wineries in the frosty state to use mostly Minnesota-grown grapes, in a ruling that could have implications for other cold-climate wine-producing states.

U.S. District Judge Wilhelmina Wright ruled Monday that the state Farm Wineries Act of 1980 posed an unconstitutional and unjustified barrier to interstate commerce that favored Minnesota's economic interests over those of other states. Lawyers for the plaintiffs said the ruling has major implications across the country, given that over a dozen states have similar laws, including New York, Pennsylvania and Illinois.

"This is a huge win for the future of the wine industry and small wineries in Minnesota," Nan Bailly, owner of Alexis Bailly Vineyard, said in a statement. "We are finally free to make the wines we want to make, not the wine dictated by the state legislature."

The Minnesota wineries that filed the lawsuit in 2017 said grape varieties that can grow in harsh northern climates often produce wines that are too acidic for most consumers, so wineries will blend in wine or juice from grapes grown elsewhere to improve the taste. They said the state law that required them to use a majority of Minnesota grapes handicapped them from producing a broader variety of wines that consumers might want.

Lawyers for the state argued that the law furthered Minnesota's legitimate interest in promoting wine agrotourism. But Wright wrote that the state made "no effort even to suggest" that it had "no reasonable nondiscriminatory alternative."

Minnesota wineries draw in tourists with their tasting rooms but also often double as event centers for weddings and other big gatherings.

The wineries were represented by the Arlington, Virginia-based Institute for Justice, which advocates for economic liberty and property rights.

Anthony Sanders, an attorney for the group, called the ruling a vindication for the "founding ideal of free trade." The group said other states with similar laws may now face challenges to their restrictions.

Virginia
Lawyer accused of trying to have sex with client
RICHMOND, VA (BridgeTower Media Newswires ) — A Virginia Beach lawyer faces state bar charges that he tried to entice a jailed client to join him and his girlfriend in a three-way sexual liaison.

The action comes as the Virginia State Bar considers recommending a separate rule provision addressing lawyers who have sex with clients.

Attorney Scott A. Lehman was reported to the VSB by the Virginia Beach commonwealth’s attorney, according to a certification of allegations filed Aug. 18. The prosecutor’s complaint to the VSB was based on conversations allegedly recorded on the jail’s video visitation system.

The client was locked up at the Virginia Beach jail on a probation violation charge when she reported to jail officers that she had been discussing sexual matters with Lehman using the jail’s video visitation system, the certification said. She told the officers Lehman was representing her on the understanding she would engage in a sexual relationship after her release, the VSB alleged.

Lehman reportedly communicated with the client from his home using the jail’s video system. The video visitation system is not considered secure for confidential attorney-client communication, the VSB said.

Officers pulled up recordings of the video contacts during July and August of last year and saw a pattern of Lehman “cultivating a three-person romantic relationship” between himself and the two women, according to the certification.

Lehman reportedly talked of sexual activity with his girlfriend, who was seen with him on the video, and about his hope that the jailed client could join in when she was released, the certification said. He allegedly made a number of explicit suggestions listed in the complaint.

The girlfriend also became a client, according to the certification. After she was charged with DUI, resisting arrest and open container, she allegedly signed retainer agreements with Lehman in July 2019 for him to represent her on both criminal and civil matters.

Meanwhile, the jailed client terminated her business relationship with Lehman and the court assigned other counsel, the bar said.

The VSB alleges that Lehman violated Rule 1.7 (a)(2) barring representation that poses a significant risk of conflict due to a personal interest of the lawyer.

The VSB Council is expected to consider recommending a separate rule provision explicitly barring sexual relations with a client in the absence of a pre-existing relationship.

Lehman was not fully cooperative with the VSB investigation, according to the certification. He allegedly did not provide trust or billing records for one of the clients in response to a subpoena. The VSB suspended Lehman’s license Dec. 2 for noncompliance.

Lehman also faces accusations that he used his trust account as a personal checking account and that he continued to practice law after his suspension.


Indiana
Judge rules in favor of defendants in pursuit crash lawsuit
KOKOMO, Ind. (AP) — A judge has ruled in favor of two northern Indiana communities facing a wrongful death lawsuit filed by the father of a 15-year-old boy who died in a crash during a police pursuit.

A Tippecanoe County judge granted a motion for summary judgment last week after Travis Abston Sr. failed to appear at a court hearing on the request by the city of Kokomo and the town of Battle Ground. The Aug. 28 ruling can be appealed, the Kokomo Tribune reported.

Abston sued the two communities last year, alleging that negligence by both defendants had resulted in the death of his son, Travis Abston Jr. of Battle Ground. He's seeking a judgment against the defendants and financial damages.

Abston's son  died in a September 2018 two-car crash as he was driving his father's car and being pursued by Kokomo police. An autopsy found methamphetamine in his system.

At the time of the crash, the Kokomo Police Department considered Travis Abston Jr. "possibly armed and dangerous" and possibly intending to injure a person in Kokomo. No gun was found on the youth after the crash.

Much of Abston's lawsuit is focused on the question of whether his son should have been designated as "possibly armed and dangerous." He alleges Battle Ground Town Marshal Jerry Burk told Kokomo police the teen was or could be in possession of a gun after seeing a 2017 photo on the teen's cellphone of the youth holding a gun.

Both Burk and the town have denied telling told Kokomo police the teen was or could be armed.