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In re S.M.
Held that an indigent parent or custodial respondent in an abuse and neglect case has a right to appointed counsel at all stages of the proceedings, but they may elect to continue self-represented upon a knowing and intelligent waiver of the right to counsel
Maryjane Johnson
Maryjane Johnson is a program associate in the Democracy Program at the Brennan Center for Justice.
State Justices Continue to Challenge Originalism
A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.
Amedure v. State
Ruled that Election Law § 9-209 (2) (g), which provides that if the members of a bipartisan local board charged with reviewing ballots are split as to a ballot's validity, the ballot shall be cast and canvassed, did not violate the equal representation mandate set forth in article II, section 8 of the New York Constitution and principles of judicial review and separation of powers
Nevada Policy Research Institute v. Miller
Held that respondents' dual service as legislators and employees of state or local government did not violate the doctrine of separation of powers
In re Courtney Rae Hudson v. Arkansas Administrative Office of the Courts
Relying on the state high court's general superintending control over all state courts, vacated a circuit court preliminary injunction that had prevented the administrative office of the courts and the office of professional conduct from complying with a FOIA request for certain communications with the state supreme court chief justice. The state high court also referred the chief justice and her attorney, who had sought the injunction, to state ethics bodies.
State ex rel. Martens v. Findlay Municipal Court
Overruled precedent that recognized a “public right” exception to standing requirements, which allowed plaintiffs seeking to enforce important public rights to avoid having to show personal injury. Affirmed dismissal for lack of traditional or taxpayer standing.
Nicole Ozer
It’s Time to Revitalize California’s Constitutional Right to Privacy
Recently filed cases challenging AI surveillance provide an opportunity for California courts to properly apply the state’s privacy right.
In re N.S.
Iowa Supreme Court issued divided opinion upholding state process for restoring gun rights revoked by federal law after an involuntary commitment, holding the process does not violate 2022's Amendment 1A that expressly required judges to apply strict scrutiny to gun regulations
