STATE EMPLOYEE PAY: Full requested backpay properly awarded FWP employee pursuant to “one rate” system, but no basis for award of attorney fees… Fehr affirmed, reversed. [Read more…]
Wolf hunting, night hunting with thermal imaging
WOLF HUNTING: §87-6-903(1) does not prohibit thermal and infrared imaging but merely adds a sentence enhancement for use of it in aid of illegally taking an animal… but FWC exceeded SB 314 (2021) which allows use of artificial light or night vision scopes by allowing thermal (infrared) imaging… issue not moot even though regulations have lapsed… McMahon. [Read more…]
Clean Campaign Act, PACs’ notice to candidates
CLEAN CAMPAIGN ACT: Requirement that political committees contemporaneously provide a candidate any campaign advertisement published within 10 days of an election if it refers to, but does not endorse, the candidate, does not pass constitutional muster… Molloy. [Read more…]
Campaign finance, COPP subpoena power
CAMPAIGN FINANCE: COPP may subpoena witnesses but must seek court authority to subpoena documents… McMahon affirmed. [Read more…]
Political practices, ethics complaint, COPP interview
POLITICAL PRACTICES: Ethics complaint against former COPP Motl based on election-eve radio interview statements regarding allegedly illegal disclosure by Rep. Tschida of his ethics complaint against Gov. Bullock properly dismissed based on conclusion that one reasonable interpretation was that they were in defense of a statute rather than opposition to Tschida’s reelection… Stutz/Rienne McElyea affirmed. [Read more…]
Political practices, CPP subpoena power
POLITICAL PRACTICES: Supervisory control of McMahon denied as to ruling that MAPA rather than Campaign Practices statute gives CPP subpoena power… order. [Read more…]
Failure to prosecute, 2010-12 campaign violations
FAILURE TO PROSECUTE: Campaign violations complaint for 2010-12 election cycles dismissed for lack of diligent prosecution… Sherlock. [Read more…]
Campaign practices, $68,232.58 verdict
CAMPAIGN PRACTICES: Civil prosecution of campaign finance violations properly resulted in $68,232.58 judgment including trebling of $19,599 verdict… Dayton affirmed. [Read more…]
Subpoena duces tecum, “advice letters” to witnesses
SUBPOENA DUCES TECUM: Fees/costs sanctions imposed on subpoenaed party’s attorney for advising non-party witnesses against disclosing trade secrets… Seeley. [Read more…]
False Claims Act, COPP witness services contract
FALSE CLAIMS ACT: No evidence of violation to justify amending to add 2nd COPP expert witness services contract… Menahan affirmed (IOR I-3(c)). [Read more…]