State of Justice: January 2025
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Arizona – Arizona Supreme Court creates program to expand legal help to vulnerable populations
The Arizona Supreme Court created the Legal Services Authorized Community Justice Worker Program, seeking to expand access to legal services around consumer issues, debt relief, public benefits, housing, and employment disputes. The program will be run by non-attorneys that are trained in those areas and live in the communities they will serve.
In the ongoing litigation to settle Vail Resort’s Fair Labor Standards Act violations, Vail Resorts is asking the California Supreme Court to review a California Appeals Court decision that overturned the settlement. Despite the settlement totaling $13.1M, workers claimed the settlement was unfair and giving them “pennies on the dollar.” One worker testified that he would only see $7 from the settlement – not even enough to cover his legal filing fees in the case – due to the defense’s attorney’s fees. The court of appeals agreed. The California case is one of two cases pursuing the workers’ claims. A federal suit was also filed because of the broader jurisdiction under federal courts and the fact that the labor violations took place across 16 states Vail Resorts operates across. The federal claim also cited the California settlement decision as a sham designed to negotiate a weak settlement to block additional settlements in the future. The federal case was put on hold while the judgement in California courts is still outstanding. Now, the California Supreme Court will decide if it will take the appeal and if it will rule on the settlement.
Connecticut – CT Supreme Court to decide whether father can sue DCF over death of his 4-year-old daughter
The Connecticut Supreme Court will hear a father’s appeal in his case suing Connecticut’s Department of Children and Families (DCF) over the death of his four-year-old daughter. Genovese appealed to the state supreme court after the state superior court dismissed the case finding DCF had immunity as a governmental organization. Genovese is suing after DCF recommended Jamie Genovese’s daughter, Toni, be placed with her aunt and grandmother on the Plymouth family side. Under their custody, Toni wandered off unnoticed and was found unresponsive in a nearby pond. Additionally, Genovese claims DCF identified multiple issues with the placement – members of that family were investigated for child abuse and neglect – but failed to follow through with any support services. Now, the court will review Genovese’s claims and determine if DCF can be sued and found liable.
Delaware – Elon Musk Pay Deal Decision Appealed to Delaware High Court
Delaware Chancellor Kathaleen St. J. McCormack blocked Elon Musk’s pay package in a decision last December, siding with the investors who challenged the deal and finding Tesla’s board and CEO breached fiduciary duty to investors by approving Musk’s compensation plan. Florida investors, however, are appealing that decision claiming 70 percent of investors re-approved that pay package in another vote after McCormick’s decision.
Idaho – Idaho Supreme Court seeks higher salaries for Idaho judges
The Idaho Supreme Court released their proposal to increase salaries for Idaho judges, comparing their current salaries to other Western states. The court is asking the state legislature to increase salaries for all state courts of appeals, district court, and magistrate judges by $45,492. The court says the increase will help retention and recruitment issues across the state. Notably, legislators received a 25% salary bump after the Citizens Committee on Legislative Compensation approved raises.
Idaho – ‘Headed for a disaster:’ ACLU asks Idaho Supreme Court to order public defense system reform
Idaho’s public defense system is so bad that the ACLU of Idaho has sued twice, citing the state is failing to provide the constitutionally mandated right to counsel under the Sixth Amendment in the US Constitution. After transitioning from individualized systems across the state’s 44 counties to a statewide system called the Office of the State Public Defender, many employees left due to pay cuts and others because the workloads were too unmanageable. Now, counties that require 26 full-time attorneys only have 11. As a result, defendants’ constitutional rights are violated when they go into court rooms without counsel and public defenders are overworked and understaffed to meet the need. The ACLU of Idaho is asking the state supreme court to step in and exert increased oversight into the agency after the legislature and governor have failed to remedy this crisis.
Illinois – Illinois Supreme Court hears arguments on a challenge to Illinois’ concealed carry law
The Illinois Supreme Court heard a challenge to the state’s concealed carry firearm law. Currently, individuals in Illinois are not allowed to carry a firearm in public without a concealed carry license. Tyshon Thompson was arrested and found guilty of violating the state’s concealed weapon law. However, Thompson’s lawyer claims that one of conceal carry’s requirements is a Firearm Owner Identification card (FOID) which Thompson was in possession of. However, Thompson specifically violated the aggravated unlawful use of a weapon statute. As a result, his defense is challenging the entire concealed carry law. The state supreme court has not given a timeline for their decision.
Maryland – Illinois Supreme Court hears arguments on a challenge to Illinois’ concealed carry law
Learn about the multiple high-profile cases in Maryland courts this year. These range from Adnan Syed’s retrial to Dazhon Darien’s case. Syed was the subject of the Serial podcast. Darien was the athletic director who leaked deepfake audio of the school’s principal making racist and antisemitic remarks.
Minnesota – Minnesota Supreme Court to hear arguments Thursday in case related to power dispute in state House
Because the Minnesota house is at a 67R-66D partisan split with one seat vacant that will be filled in a special election, the state supreme court must step in and determine how many members constitute a quorum to conduct business. Conservatives believe 67 members is enough for them to have a majority. Democrats in the house believe there needs to be 68 members present in the house total.
Missouri – The battle over Missouri’s minimum wage didn’t end with November vote
After Proposition A – a ballot initiative seeking to increase the state minimum wage and give paid sick and family leave to workers – passed with 58% of the vote across Missouri, business interest groups are fighting to overturn the initiative. Prop A increases the state min wage from $12.30 to $13.75 an hour starting May 1 of this year and increases the wage to $15 the next year. It also mandates paid sick and family leave. In their legal challenge, business claimed the language was misleading and incomplete because it coupled the wage increase with paid sick and family leave.
New Jersey – Lawyers Spar Over Jersey City Ward Map Before State Supreme Court
Jersey City’s 2022 ward map landed before the state supreme court. Ward F Councilman Frank Gilmore and community organizations challenged the map’s compactness and grouping of communities of interest. Gilmore’s ward was analyzed and found to be 55% less compact than under previous iterations. The wards were also drawn so bizarrely that some were described as boomerangs and horseshoes. The court has not indicated when it will issue a decision, but both sides are pressuring the court to deliver its decision soon.
New Mexico – NM Supreme Court Hears Oral Arguments in Naranjo Case
After the Juan de Oñate statue was reinstated over a local sheriff’s objections, there was a recall effort launched against Rio Arriba County District 2 Commissioner Alex Naranjo. The recall centers around a claim that Naranjo violated the Open Meetings Act when deciding to place the Juan de Oñate statue. The state supreme court must determine if Naranjo acted alone or if he acted with others on the commission. If it was the ladder, the decision would be subject to the Open Meetings Act and the statue’s placement would be reversed.
New York – New York’s high court weighs constitutionality of state ethics panel
Former New York Gov. Andrew Cuomo’s fight against the Commission on Ethics and Lobbying was argued before the New York Court of Appeals, the state’s highest appellate court. Now, the court will determine the commission’s constitutionality. Cuomo’s challenge to the commission stems from the commission’s investigation of his $5 million book deal about his administration’s efforts during the COVID-19 pandemic. The commission alleges Cuomo used on-duty government staff to help write the book. Cuomo is arguing the commission’s formation violated the state constitution’s separations of power doctrine. A lower court decision sided with Cuomo finding the committee needed to be ratified by constitutional amendment brought for a vote. Moreover, the lower court found the commission violates the constitution because most of the appointees are nominated by the legislature, comptroller, and attorney general. This means it does not equal an executive branch committee. Cuomo’s attorneys also take issue with the commission’s enforcement and punishment powers.
North Carolina – Key point in recent NC Supreme Court dissent gets lost in partisan spin
In his first challenge in state courts to the results of the 2024 North Carolina Supreme Court election, Republican Judge Jefferson Griffin asked the state supreme court to block the State Board of Elections from certifying 60,000 ballots cast in the election. On January 7, a majority of four Republicans sided with Griffin and prevented 60,000 votes from being certified as long as litigation is still ongoing. Only two justices dissented – Democratic Justice Anita Earls and Republican Justice Richard Dietz – in separate dissents. Dietz criticized the challenges to the ballots, saying that judicial intervention this close to the election invites “mischief” and could weaken the public’s trust in the election process. He argues these concerns should have been raised in litigation before the election.
North Carolina – North Carolina Supreme Court Dismisses GOP Candidate’s Election Challenge, Lower Courts Must Review First
Six justices on the North Carolina Supreme Court rejected Judge Jefferson Griffin’s attempt to disenfranchise 60,000 voters in the state supreme court election. Riggs recused herself since she is subject to the lawsuit. However, it was only a partial win for Riggs. The court sent the case to the state district court. The court’s decision makes this race the only uncertified election across the country. Riggs and the State Board of Elections have filed a separate lawsuit in federal court attempting to move Griffin’s challenge to federal court, but a Trump-appointed district court judge sent the case back to state courts.
North Dakota – North Dakota Supreme Court proposes free therapy for jurors after traumatic trials
The North Dakota Supreme Court is asking the state to provide up to 10 hours of free therapy for jurors after traumatic trials. The bill would give jurors access to state provided counseling or contract therapy services within six months of jurors serving on a trial. Advocates of the bill believe having the services available will encourage more people to serve on a jury and help jurors be more present during hard cases.
Ohio – Dave Yost continues five-year fight against records request at Ohio Supreme Court
Attorney General Dave Yost’s fight to quash a records request against him landed before the Ohio Supreme Court for the third time. The Center for Media and Democracy sought an open records request from a meeting with the Republican Attorney General Association (RAGA). Yost objected to the requests, claiming they were exempt. The Center for Media and Democracy responded by instead calling Yost and others in his office for a deposition. Now, Yost is asking the state supreme court to block that effort. Attorneys for the Center argue that the deposition is necessary to find out more information about the nature of the meeting to determine if it is truly exempt. They also warn that blocking this deposition could shudder the open records process and shut it down.
Oklahoma – Oklahoma Court of Criminal Appeals hears arguments on confessed serial killer’s sentence
DNA evidence linked Tiffany Johnson’s death to convicted serial killer, William Reece after 20 years. Reece’s attorneys are now asking the Oklahoma Court of Criminal Appeals – the state’s court of last resort for criminal matters – to vacate the death penalty sentence and instead sentence Reece to life without parole. Reece’s attorneys argue Reece was coerced into confessing the crime, saying the police threatened the death penalty if he didn’t cooperate.
Pennsylvania – Pennsylvania Supreme Court to Revisit Mail-In Ballot Date Dispute; SCOTUS Declines Case
The Pennsylvania Supreme Court will determine if ballots with wrong dates written on the outer envelope can be thrown out and disqualified. The Pennsylvania Commonwealth Court ordered a local county board of elections to count previously rejected ballots. Then, the Republican National Committee appealed that decision to the state supreme court and won a stay. Now, the court is reviewing the issue in full. If the court finds the envelope date requirement unconstitutional, as lower state courts have, then it will open Act 77 – Pennsylvania’s universal mail-in voting law – to more constitutional questions because the envelope date rule came from it. In 2022, the NAACP filed a separate federal lawsuit challenging the envelope date requirement because the ballot disqualification had nothing to do with a voter’s qualifications themselves. Even the state’s Republican secretary of state urged the U.S. Supreme Court to take up this issue and highlighted that thousands of Pennsylvanians aren’t having their votes counted because of a reason that has no material impact on the election.
South Carolina – After holiday pause, South Carolina begins scheduling executions again
After an order from the South Carolina Supreme Court, the state is set to restart its execution of prisoners after a pause since November 2024. The state previously had to pause executions while it obtained the drugs needed for lethal objection. South Carolina also reinstated the firing squad as another method. The court is now working through a backlog of appeals and is set to resume executions on January 31. Marion Bowman Jr. will be the first person the South Carolina kills in 2025. Bowman maintains his innocence, and his attorneys maintain that he was pressured to plead guilty to a crime he did not commit.
Tennessee – Chattanooga firefighter case heard by Tennessee Supreme Court
The Tennessee Supreme Courts will determine if courts had the authority to review the Chattanooga Fire and Police Pension Fund’s denial of Matthew Long’s disability benefits appeal. No matter what the court’s ruling is, the decision will have a sweeping impact on governmental pension and benefits agencies across the state. After Chattanooga fire fighter Matthew Long was diagnosed with PTSD as a result of injuries and deaths he witnessed working as a firefighter. Long told his supervisor he needed help with his mental health. The Chattanooga Fire and Police Pension Fund denied him benefits, claiming he did not prove his disorder met the policy requirements. Long appealed and won at the trial and appeals level. Now the court will determine if the court was right to review and reverse an agency’s denial and review process.
Texas – Texas Supreme Court to review 2021 winter storm claims against utility companies
The Texas Supreme Court will determine if families of victims of the 2021 winter power outages can sue Texas utility providers for negligence. The families won in the lower courts after a judge allowed 200 cases of gross negligence to move forward. The plaintiffs’ claims center around the utility companies’ failure to control the blackouts and power across different areas of the state, leaving some customers without power for days which led to their deaths.
Washington – WA Supreme Court to hear high-capacity magazine ban case later this month
The Washington Supreme Court will review the state’s ban on the sale, manufacture, or distribution of high-capacity magazines of 10 rounds or over. The Washington Attorney General used a civil investigative demand to determine if a gun shop refused to comply with the ban.
Wisconsin – Wisconsin’s Largest Teachers’ Union Pushes State Supreme Court to take-up Act 10 Case
The Wisconsin Education Association Counsil asked the state supreme court to review Act-10’s constitutionality. Act-10 limits contract negotiations to salaries and ties raises to inflation.
Wisconsin – Wisconsin Supreme Court justices question challenge to state authority in PFAS case
The Wisconsin Supreme Court will determine if the Department of Natural Resources (DNR) needs to classify contaminants as hazardous before regulating them. The companies accused of the toxic spill deny that PFAs are toxic and are asking the court to require the DNR to go through a lengthy approval process. If that approval process takes place, it would further delay any regulation and worsen environmental damage and public health consequences.
