Latest news with #SB200
Yahoo
02-04-2025
- Politics
- Yahoo
Judge over gerrymandering case against Utah legislature asks for clarification over tossing maps
NOTE: A lawsuit represents one side of a story. SALT LAKE CITY () — The lower court judge presiding over a is asking for the parties to provide more arguments over tossing out Utah's current congressional maps — signaling that a resolution to the suit could be nearing. According to an order issued March 31, Third District Judge Dianna Gibson is asking for additional information from the lawyers representing the plaintiffs — who are the , , and seven Salt Lake residents. The group is suing the legislature, arguing that Utah's current congressional boundaries should be thrown out. The plaintiffs argue the legislature violated Utahns' rights when lawmakers overturned a citizen-backed independent commission and its anti-gerrymandering criteria, created by Proposition 4, to draw those lines. Utah House polls members about overrides on the six 2025 vetoes Specifically, Judge Gibson is asking for more arguments on whether she can just toss the maps because the legislature didn't comply with Prop 4's criteria, or if an evidentiary hearing would be needed to determine if the maps are indeed unlawful. 'Is that alone sufficient legal basis to grant a permanent injunction of SB 200?' Judge Gibson asked. Furthermore, the judge wants more arguments on why she should permanently toss the legislature's maps. 'The (plaintiffs) did not cite any legal or factual authority, but an injunction of SB200 was not before the court,' the order says. The groups argued that because said lawmakers do not have unlimited power to repeal ballot initiatives; rather, when an initiative 'alters or reforms' government, any changes must be 'narrowly tailored to advance a compelling government interest,' the same standard should apply to the permanant injunction. 'Please clarify the legal basis for Plaintiffs' position that a permanent injunction of SB 2004 is an appropriate remedy if the court grants Plaintiffs' Motion…' Judge Gibson writes. The order asks for the additional arguments by the end of the day on April 8, at which point the legislature would have about a week to file its response. The plaintiffs would be given another opportunity to reply if they choose to do so. It's unclear when a ruling in the case might be coming, and the order does not mean the ruling will toss out the maps. However, it does signal that the judge has gotten to the point where she's asking about what the remedy might be. This complex case started back in 2018, when a , was passed by voters, creating an independent redistricting commission to draw the new boundaries Utah uses today. In 2020, the Utah Legislature watered down Prop 4, — and the plaintiffs argue those maps are gerrymandered. In 2022, the plaintiffs sued, arguing the lines 'crack' Salt Lake into four districts to dilute minority votes in the Republican stronghold and that Utahns have a constitutionally protected right to 'alter and reform' their government — which they attempted to do via Prop 4. In 2024, the that top lawmakers called the worst decision they've ever seen. That ruling kicked the case back to the lower courts to determine its fate. In January of 2025, the parties argued the merits of the case before Gibson. Lt. Governor Deidre Henderson has asked that the case be finalized before November 1 so that if new lines need to be drawn, they can be drawn before the 2026 midterm elections. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
31-03-2025
- Health
- Yahoo
Alabama bills would rebrand, expand scope of court diversion programs
Program participant Nathan Shack listens to a service provider give a presentation during veterans treatment court in Anniston, Alabama on March 21, 2023. Two bills moving through the Alabama Legislature would rename drug courts "accountability courts" and allow them to enroll veterans and those with mental illnesses. (Ralph Chapoco/Alabama Reflector) Two bills working their way through the Alabama Legislature would standardize how diversion programs in the state operate. SB 200, sponsored by Sen. Andrew Jones, R-Centre, and HB 360, sponsored by sponsored by Rep. Chad Robertson, R-Heflin, rebrand 'drug courts' to 'accountability courts' and allows courts to assign veterans; people with a mental illness and those with drug addictions to rehabilitation programs instead of the criminal justice system. 'We need a standardized process for veterans to get help around the state,' Jones said in an interview Wednesday. 'And we need more courts, frankly, around the state, to adopt the diversion court model. We need a standardized process, and we need access.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The Alabama Senate approved SB 200 on March 18. The House approved HB 360 on March 19. Both bills have moved to the opposite chambers for consideration. States throughout the country have been increasingly using diversion programs for defendants who committed offenses that stem from an underlying issue, such as drug addiction. Supporters say diversion programs reduce both court and incarceration expenses, as as expenses connected to treatment programs. Judges can order people to enter diversion programs in collaboration with prosecutors and treatment providers. Courts are also able to offer accountability to ensure defendants are complying with the conditions of the program and track the progress of defendants. Once defendants complete the rehabilitation program, the record for that offense is expunged and removed from their criminal records. Pretrial diversion programs are effective. And expensive for participants. Court proceedings will resume oftentimes if a person is unable to complete the treatment program or adhere to the conditions outlined by the judge. Under the bills, district attorneys may also remove people from diversion programs for a good reason. 'Right now, statutorily wise, the only courts that are set up by state statute are drug courts,' said Casey Bates, chief of staff for Alabama Supreme Court Chief Justice Sarah Stewart who is helping to craft the legislation. 'A number of different counties have set up mental health courts or veterans courts.' Many times, diversion programs are not available to people unless they reside in an area that offers one they qualify for. 'We wanted to have a framework in place that is going to address any type of court that will be helpful,' Bates said. 'Our goal is to keep people from offending again. We don't want to send them to prison and then have them come back and reoffend. By setting up the accountability court, that is going to be the umbrella for any of the types of courts that are necessary.' The bills require the Administrative Office of the Courts to establish a process and set policies governing diversion programs. The bills were amended as they went through the legislative process to allow courts to accept people referred by municipal courts within their jurisdiction and any contractor that is part of the program must be certified by the Alabama Department of Mental Health. SUPPORT: YOU MAKE OUR WORK POSSIBLE
