[JURIST] Leading Monday's states brief, the Georgia Supreme Court today upheld [PDF text] the state's implied consent law [text], allowing law enforcement to require chemical tests of suspected drunk drivers in certain circumstances. The court ruled that the tests can only be required if an individual has been involved in a traffic accident resulting in death or serious injury and the investigating officer has probable cause to believe the person was under the influence of chemicals. A decision by the Supreme Court two years ago found the law unconstitutional because it was not necessary to have probable cause that the individual was under the influence of alcohol or drugs to require the test. AP has more.

In other state legal news ...

• Oneida Indian Nation [tribe website] spokesman Jerry Reed said Monday that the tribe will appeal a New York Supreme Court decision that found the tribe's casino compact illegal because then-Governor Mario Cuomo exceeded his authority by entering the compact without legislative approval to the state's highest court, after an appeals court denied the tribe's appeal [text] on Friday. The lawsuit was filed against the tribe by Upstate Citizens for Equality [website], which wants the tribe to pay local taxes. The Turning Stone casino, operated by the tribe, employees over 3,000 people and attracts 4.2 million visitors a year. AP has more.
  
  
• The Colorado Supreme Court [official website] announced Monday that it will review a court of appeals decision which held a judge can order that grandparents receive visitation over the objection of the adoptive parents if the parents are deemed unfit or if the child would be harmed without the court-ordered visitation. The April 7th decision [PDF text] gave adoptive parents the same rights as biological parents in regards to deciding grandparent visitation. AP has more.

[JURIST] The Austin American-Statesman is reporting that embattled GOP Congressman Tom DeLay, indicted last week on criminal conspiracy charges [JURIST report] in connection with improper campaign contributions and forced to temporarily step down as House Majority Leader, has now been indicted for money laundering and criminal conspiracy by a second Texas grand jury. The Austin American-Statesman has more[registration required].

7:02 PM ET - The new indictment followed a motion by DeLay attorneys to dismiss the original criminal conspiracy charges [PDF]. AP has more.

[JURIST] Former Alabama chief justice Roy Moore [Foundation for Moral Law profile; JURIST news archive] has announced that he will run for governor of Alabama in 2006, seeking the Republican nomination against incumbent Governor Bob Riley [official website]. Moore gained national notoriety in 2004 when he was removed from the bench after refusing to remove a monument of the Ten Commandments from the rotunda of the State Judicial Building in Montgomery. The incident prompted many to question the constitutionality of displaying religious symbols on government property, an issue addressed earlier this year by the US Supreme Court in McCreary County v. ACLU of Kentucky [opinion]. The Alabama Republican and Democratic primaries are June 6. Riley's office Monday dismissed Moore's candidacy, saying he "is campaigning on an agenda that echoes the same positions Governor Riley has already taken" [Riley press release]. AP has more.

[JURIST] A declassified intergovernmental report obtained by the British newspaper The Independent says that Britain has one of the poorest human rights records in Europe, and that the UK is under investigation for non-compliance with European rights standards. The report, issued by the Committee of Ministers of the Council of Europe [official website], reveals that Britain is one of 4 European nations under investigation for not properly addressing a series of judgments issued by the European Court of Human Rights [official website], including 15 cases that have gone unaddressed for nearly 5 years. To date, the court has issued 107 guilty rulings in complaints filed against the British government for violations under the European Convention on Human Rights, of which the UK is a signatory. The report also says further remedial action on human rights is necessary in Russia, Ukraine and Turkey. The Independent has more.

[JURIST] The European Court of Human Rights [official website] has granted the request of the British government to challenge Article 3 of the European Convention on Human Rights [full text], widely interpreted as preventing countries from deporting terror suspects to nations with poor human rights records. The court will allow the government to join the pending deportation challenge case of an Algerian national as a third party. Government officials contend that in many cases the removal of terror suspects to their home countries is the only way to reduce the threat to citizens. The issue has received heightened attention in the wake of the London bombings [JURIST news archive] last summer. Several terror suspects were detained after the bombings, and the government's attempts to deport them to their home countries were halted when the men complained that they would likely encounter torture there, a concern echoed by UN officials [JURIST report] and human rights groups. As a result, British officials signed diplomatic agreements [HRW backgrounder] with nations promising that transferred persons would not be mistreated. The case is expected to be decided later this year. BBC News has more.

[JURIST] In an effort to expand the nation's genetic database, US lawmakers are considering new legislation that would add DNA [bill summary] from thousands of suspected illegal immigrants, terror suspects and others who have been arrested, but not convicted, of federal crimes. The measure has already passed the US House of Representatives and the Senate is expected to vote on the issue soon. Backers of the Senate bill sponsored [press release] by Senator Jon Kyl (R-AZ) [official website] say it would improve the ability of the Combined DNA Index System (CODIS) [official website] to help solve crimes. The FBI reports that in the past 15 years, CODIS computers have assisted in making DNA matches in more than 27,000 cases. The ACLU [advocacy website] opposes the expansion and says that taking DNA from people who are suspected rather than convicted of crimes would violate the Fourth Amendment [ACLU press release] protection against unreasonable searches and seizures. Under the bill, all terrorism detainees would be entered into the database. USA Today has more.

[JURIST] New York state appeals judge Angela Mazzarelli [official profile] Monday denied a bail request by two former Tyco International [JURIST news archive] executives, a decision that will keep the men in jail during their appeal process. Former Tyco CEO Dennis Kozlowski and CFO Kark Schwartz were convicted of grand larceny last month [JURIST report] and sentenced to 8-1/3 to 25 years in prison [JURIST report] for their roles in a scheme to steal hundreds of millions of dollars from the corporation. A New York State Department of Corrections official told reporters that Kozlowski and Swartz will soon be transferred from their current location, a medium security facility, to a maximum security facility, such as Attica or Sing Sing. Reuters has more.

[JURIST] UN chief war crimes prosecutor Carla del Ponte said Monday that Croatia is now fully cooperating [press release] with war crimes investigations by the International Criminal Tribunal for the former Yugoslavia [official website], a key turnaround expected to help restart stalled EU membership negotiations [BBC report]. Zagreb's failure to hand over top war crimes suspect Ante Gotovina [ICTY indictment; Trial Watch profile] led to the delayed talks but Del Ponte pointed out that Crotia has for weeks "been cooperating fully with us and is doing everything it can" to apprehend Gotovina. On the run since 2001, Gotovina is believed to have committed war crimes against ethnic Serbs during the Serbo-Croatian war. Authorities in Croatia deny knowledge of his whereabouts. AFP has more.

[JURIST] The Iraqi Special Tribunal [official website] Monday officially confirmed [press release] that ousted Iraqi dictator Saddam Hussein will go on trial on October 19 for the 1982 killings of 143 Shiite Muslims in the village of Dujail [JURIST report], confirming a date announced by the government [JURIST report] a month ago. In a statement, the tribunal said Saddam and six associates, including his former vice-president and his half-brother, would be tried on charges of crimes against humanity. Currently the murders in Dujail are the only crimes for which Saddam has been charged, though more charges related to the the killing of Kurds in the 1980s and the harsh suppression of Shi'ite and Kurdish uprisings in 1991 are expected. The tribunal also said defense counsel for Hussein had previously been informed of the trial date, and indicated that pursuant to IST rules they could submit evidence no later than 15 days before trial, a deadline expiring Tuesday. Reuters has more.

[JURIST] Following President Bush's nomination [JURIST report] Monday morning of Harriet Miers [White House profile] to the US Supreme Court, Senators and various conservative and liberal interest groups are weighing in on the selection. Senate Majority Leader Bill Frist (R-TN) [official website] has welcomed the nomination [press release], saying "With this selection, the president has chosen another outstanding nominee to sit on our nation's highest court. Ms. Miers is honest and hard working and understands the importance of judicial restraint and the limited role of a judge to interpret the law and not legislate from the bench." Senator Patrick Leahy (D-VT) [official website], ranking Democrat on the Senate Judiciary Committee [official website], released a statement [text] noting Miers' "reputation for being loyal to this president" and adding that the committee would look into whether Miers "would enter this key post with the judicial independence necessary when the Supreme Court considers issues of interest to this Administration."

Meanwhile, Karen Pearl, interim president of Planned Parenthood [advocacy website] expressed concern [press release] about the nomination, saying "we demand she answer questions regarding her views of fundamental reproductive and privacy rights. We expect Miers to make clear her views on reproductive rights during the hearing process, and the Senate should not confirm a nominee who is not willing to do so." NARAL Pro-Choice America called [press release] for Miers to demonstrate that she "will respect and protect our fundamental freedoms, including a woman's right to choose." Jan LaRue, chief counsel for the conservative Concerned Women for America [advocacy website], said the group was giving Miers the benefit of the doubt [CWA press release] because, so far, "President Bush has selected nominees to the federal courts who are committed to the written Constitution." Other conservative groups, however, are calling the nomination a betrayal of conservative voters [Public Advocate press release] and are saying that Miers is a "stealth nominee" similar to Justice David Souter, who was nominated by the first President Bush and who has disappointed conservatives with his votes on social issues. AFP has more. AP provides additional reaction to the nomination.

[JURIST] The Geneva-based International Commission of Jurists (ICJ) [advocacy website] warned Monday of the possibility for new political crackdowns by the royalist government of Nepal [JURIST news archive] against critics of King Gyanendra [BBC profile]. The ICJ, issuing a statement [text] at the end of a four-day visit to Nepal for talks with government officials and civil society groups, expressed "deep concern that human rights violations will escalate if the political turmoil in the country increases." King Gyanendra seized power [JURIST report] in February, dismissing the government, jailing politicians and suspending civil liberties, saying he had to act to crush the anti-monarchy Maoist insurgency. The ICJ said journalists, lawyers, political parties and human rights activists have continued to defy government restrictions on their activities. Last month, Nepal announced a timetable for democratic elections [JURIST report] amid continuing pro-democracy protests [JURIST report] Reuters has more.

Previously in JURIST's Paper Chase...

• Nepal arrests 87 journalists, others as pro-democracy protests continue
• Nepali democracy protests continue despite mass arrests
• Nepal detains 250 democracy marchers as high court hears anti-corruption challenge

[JURIST] The number of criminal investigations conducted by the FBI has almost been cut in half since 2000, due to the fact that the bureau made fighting terrorism its top priority after September 11, according to a new audit by the US Department of Justice [official website]. According to Inspector General [official website] Glenn Fine, the most declines were found in drug investigations, organized crime, bank robberies, civil rights, health care fraud, corporate fraud, and public corruption. Gang activity was the only area where criminal investigations increased. The audit [PDF text] indicates that in 2000, the FBI opened 62,782 criminal investigations, compared to 34,451 in 2004, a drop of 45 percent. State and local law enforcement officials have said that they try to fill in the "investigatory gaps," but have had difficulty taking over complex financial fraud cases. AP has more.

[JURIST] Switzerland has decided to extradite Russia's former nuclear minister to the US to face conspiracy, money laundering, and tax evasion charges, an official from the Switzerland Justice Ministry [official website] said Monday. The Russian government has been fighting Yevgeny Adamov's extradition to the US because they are fearful that Adamov might disclose the country's nuclear secrets. Adamov is wanted in the US for allegedly stealing approximately $9 million in US Energy Department [official website] funds and diverting them to private projects in the US, Russia, and the Ukraine. A statement by the Swiss Justice Ministry said the US extradition petition was granted because "had priority been given to Russia, Adamov's Russian citizenship would have meant that he could not subsequently have been extradited onward to the United States." Adamov declared a hunger strike [JURIST report] over the weekend demanding that Swiss authorities extradite him to his home country. He has 30 days to file an appeal with the Swiss supreme court. AP has more. From Russia, MosNews has local coverage.

[JURIST] Yemeni Judge Mohammed Al Baadani on Monday acquitted four Iraqis who were accused of spying for the government of Saddam Hussein [JURIST news archive] and planning to bomb the American and British [embassy websites] embassies in Sanaa. The men were arrested in 2003 with bags of explosives in their possession. Three of the defendants pleaded not guilty, arguing they had been coerced into confessing. A fourth suspect was tried in absentia. The judge also agreed to allow the men to stay in Yemen [JURIST news archive] rather than returning to Iraq where they feared persecution. In issuing his decision, Al Baadani said, "this case has no legal justification and should not have made it to court." Reuters has more.

[JURIST] Sunni Arabs and independent politicians Monday slammed efforts by Shiites and Kurds that will make it much more difficult to defeat the draft Iraqi constitution [JURIST news archive] in the October 15 referendum [JURIST report]. In a parliamentary session Sunday the Shiite and Kurd majority in the National Assembly voted to interpret Iraq's interim constitution, the Transitional Administrative Law [text], as creating two different "thresholds" for the referendum. In order for the constitution to pass, a majority of those actually voting across Iraq have to say "Yes," but the lawmakers agreed that a defeat will only occur if two-thirds of the registered voters (as opposed to actual voters) in three or more provinces vote "No", meaning in practice that a low turnout of predominantly "No" voters in Sunni-dominated areas may not be enough to turn back the charter. A member of the Independent Electoral Commission of Iraq [official website, English version] in charge of organizing the referendum said the interim constitution "clearly intended to define voters in the referendum as those who turn out to vote, not registered voters," and one independent Kurdish member called the interpretation by parliament a "double standard." Saleh al-Mutlaq, a spokesman for the Sunni Iraqi National Dialogue, who also helped write the draft constitution, said, "It is a clear forgery. They want this constitution to pass despite the will of the people." Mutlaq said he and other Sunnis may plan to boycott the referendum. Reuters has more.

[JURIST] Sunni Arabs and independent politicians Monday slammed efforts by Shiites and Kurds that will make it much more difficult to defeat the draft Iraqi constitution [JURIST news archive] in the October 15 referendum [JURIST report]. In a parliamentary session Sunday the Shiite and Kurd majority in the National Assembly voted to interpret Iraq's interim constitution, the Transitional Administrative Law [text], as creating two different "thresholds" for the referendum. In order for the constitution to pass, a majority of those actually voting across Iraq have to say "Yes," but the lawmakers agreed that a defeat will only occur if two-thirds of the registered voters (as opposed to actual voters) in three or more provinces vote "No", meaning in practice that a low turnout of predominantly "No" voters in Sunni-dominated areas may not be enough to turn back the charter. A member of the Independent Electoral Commission of Iraq [official website, English version] in charge of organizing the referendum said the interim constitution "clearly intended to define voters in the referendum as those who turn out to vote, not registered voters," and one independent Kurdish member called the interpretation by parliament a "double standard." Saleh al-Mutlaq, a spokesman for the Sunni Iraqi National Dialogue, who also helped write the draft constitution, said, "It is a clear forgery. They want this constitution to pass despite the will of the people." Mutlaq said he and other Sunnis may plan to boycott the referendum. Reuters has more.

[JURIST] Human Rights Watch [advocacy website; JURIST news archive] said Monday that insurgent groups are committing war crimes in Iraq by targeting civilians and other non-combatants. In a new report [text], HRW documents attacks against civilian targets and other insurgent attacks HRW says violate the laws of war:

The laws of war, binding on government armed forces and non-state armed groups, prohibit direct attacks on civilians, attacks made with no effort to distinguish between civilians and combatants, and attacks that cause civilian loss disproportionate to the expected military gain. Also prohibited are attacks intended primarily to spread terror among the civilian population. Crimes committed as part of a widespread or systematic attack against a civilian population are considered crimes against humanity. Anyone responsible for serious violations is subject to prosecution, including those commanders who ordered or knew or should have known of the unlawful attacks and did nothing. ...

The report also documents attacks against Iraqi, U.S. and other coalition military forces that violate the laws of war. Some insurgent groups have committed war crimes by executing, torturing or otherwise mistreating combatants in their custody. They have violated the laws of war by committing perfidious attacks on military targets, that is, attacks in which the attacker feigns being a civilian. And some insurgent attacks on military targets have unlawfully failed to discriminate between combatants and civilians or have caused disproportionate civilian casualties. While international law does not prohibit insurgents from attacking military targets, such attacks are violations of Iraqi criminal law for which the perpetrators may be prosecuted. Likewise, Iraqi government forces are liable under domestic law for torturing detainees and other misuses of force. This report assesses the conduct of the insurgents solely under the applicable provisions of the international laws of war.

[JURIST] Lynndie England [JURIST news archive], who was sentenced last week [JURIST report] to 3 years in prison for her role in the Abu Ghraib [JURIST news archive] prisoner abuse scandal, said she knew of "worse things" happening at the Iraqi military prison. In an interview [excerpts] with MSNBC's Dateline Sunday, England said the pictures taken of her did not reflect the extent of the abuse at the facility and that military commanders were fully aware of what was taking place and had seen the photos before the scandal became public. England said military intelligence officers were shown the pictures of the intimidation tactics and responded by saying "Oh, that's a good job. I never would have thought of that. Keep up the good work." AFP has more.

[JURIST] Iraqi President Jalal Talabani [BBC profile; JURIST news archive], a Kurd, called for the resignation of Shiite Prime Minister Ibrahim al-Jaafari [BBC profile; JURIST news archive] Sunday. Talabani blamed the Shiite-led United Iraqi Alliance [Wikipedia backgrounder] for the country's political deadlock, accusing the majority party of monopolizing power and refusing to move ahead on a key issue for Kurds [JURIST report], the resettlement in Kirkuk. Azad Jundiyani, a spokesman for Talabani's Patriotic Union of Kurdistan, said al-Jaafari's resignation would be "for the benefit of the political process." Jawad al-Maliki, a Shiite legislator and a leader in al-Jaafari's Dawaa party said "They should have asked us for that in a legal way, and then we will have discussions," adding that because of the October 15th constitutional referendum [JURIST news archive], it was not a good time for al-Jaafari to step down. AP has more.

[JURIST] The new term of the US Supreme Court [official website] begins Monday with new Chief Justice John Roberts [JURIST news archive] being sworn-in at the Court in a private investiture ceremony [US SC press release]. Roberts, who took the constitutional oath [JURIST report] during a White House ceremony last week, will preside over a number of high-profile, controversial cases dealing with abortion, assisted suicide and campaign financing. The Court will hear arguments in two cases Monday: IPB v. Alvarez [Duke Law backgrounder], dealing with worker compensation, and Wagnon v. Prairie Band Potawatomi Nation [Duke Law backgrounder], on state gasoline taxes. The composition of the Court will change further in the coming months with the retirement of Justice Sandra Day O'Connor. On Monday morning, President Bush nominated [JURIST report] White House Counsel Harriet Miers [official profile; Washington Post profile] as O'Connor's replacement. Reuters has more.

[JURIST] The European Union [official website] Monday postponed a ceremony to mark the opening of membership talks with Turkey [JURIST news archive], without setting a new time. The postponement comes as member states reached a deadlock [Reuters report] over the terms for opening the talks on Turkey's proposed membership in the EU [EU enlargement backgrounder; BBC backgrounder]. Austria has demanded that Turkey not be offered full membership, instead receiving an offer of a lesser partnership. Additionally, Turkey objected to a clause in the draft negotiating mandate that stipulated that the country may not block the accession of EU member states to international treaties and organizations. BBC News has more.

Previously in JURIST's Paper Chase...

• EU to hold weekend talks on Turkey membership
• EU parliament postpones key Turkey vote, calls for recognition of Armenian genocide
• Turkey EU bid threatened by abuse allegations
• EU condemns Turkish court ruling canceling Armenian genocide conference
• EU official says Turkish novelist trial meant as provocation

[JURIST] AP is reporting that President Bush will nominate White House counsel Harriet Miers [official profile; Washington Post profile] to replace retiring Justice Sandra Day O'Connor as an Associate Justice on the US Supreme Court. A formal announcement is expected at 8 AM ET. Miers was mooted as a dark-horse candidate [NRO column] for the slot as early as July, and her name came up again in speculation last week as Bush was said to be moving towards a selection. It is not yet clear, however, whether her nomination will satisfy liberals or conservatives [NRO column]. AP has more.

8:13 AM ET - At the White House press conference announcing the nomination, President Bush said of Miers, "She has devoted her life to the rule of law and the cause of justice...She will be an outstanding addition to the Supreme Court of the United States." AP has more.

9:22 AM ET - In announcing his nomination of Miers, President Bush noted her lack of experience on the bench:

Harriet's life has been characterized by service to others, and she will bring that same passion for service to the Supreme Court of the United States. I've given a lot of thought to the kind of people who should serve on the federal judiciary. I've come to agree with the late Chief Justice William Rehnquist, who wrote about the importance of having judges who are drawn from a wide diversity of professional backgrounds. Justice Rehnquist himself came to the Supreme Court without prior experience on the bench, as did more than 35 other men, including Byron White. And I'm proud to nominate an outstanding woman who brings a similar record of achievement in private practice and public service.

From my early days as a clerk in the federal district court, and throughout almost three decades of legal practice, bar service and community service, I have always had a great respect and admiration for the genius that inspired our Constitution and our system of government. My respect and admiration have only grown over these past five years that you have allowed me to serve the American people as a representative of the executive branch.

The wisdom of those who drafted our constitution and conceived our nation as functioning with three strong and independent branches have proven truly remarkable. It is the responsibility of every generation to be true to the founders' vision of the proper role of the courts in our society. If confirmed, I recognize that I will have a tremendous responsibility to keep our judicial system strong, and to help ensure that the courts meet their obligations to strictly apply the laws and the Constitution.

[JURIST] AP is reporting that President Bush will nominate White House counsel Harriet Miers [official profile; Washington Post profile] to replace retiring Justice Sandra Day O'Connor as an Associate Justice on the US Supreme Court. A formal announcement is expected at 8 AM ET. Miers was mooted as a dark-horse candidate [NRO column] for the slot as early as July, and her name came up again in speculation last week as Bush was said to be moving towards a selection. It is not yet clear, however, whether her nomination will satisfy liberals or conservatives [NRO column]. AP has more.

8:13 AM ET - At the White House press conference announcing the nomination, President Bush said of Miers, "She has devoted her life to the rule of law and the cause of justice...She will be an outstanding addition to the Supreme Court of the United States." AP has more.

9:22 AM ET - In announcing his nomination of Miers, President Bush noted her lack of experience on the bench:

Harriet's life has been characterized by service to others, and she will bring that same passion for service to the Supreme Court of the United States. I've given a lot of thought to the kind of people who should serve on the federal judiciary. I've come to agree with the late Chief Justice William Rehnquist, who wrote about the importance of having judges who are drawn from a wide diversity of professional backgrounds. Justice Rehnquist himself came to the Supreme Court without prior experience on the bench, as did more than 35 other men, including Byron White. And I'm proud to nominate an outstanding woman who brings a similar record of achievement in private practice and public service.

From my early days as a clerk in the federal district court, and throughout almost three decades of legal practice, bar service and community service, I have always had a great respect and admiration for the genius that inspired our Constitution and our system of government. My respect and admiration have only grown over these past five years that you have allowed me to serve the American people as a representative of the executive branch.

The wisdom of those who drafted our constitution and conceived our nation as functioning with three strong and independent branches have proven truly remarkable. It is the responsibility of every generation to be true to the founders' vision of the proper role of the courts in our society. If confirmed, I recognize that I will have a tremendous responsibility to keep our judicial system strong, and to help ensure that the courts meet their obligations to strictly apply the laws and the Constitution.