Saturday, February 20, 2021

Feds drop legal battle over tribe’s reservation status

The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts. A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion. In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case. The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.” “We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.” The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort. The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law. At the time, the tribe’s chair called it a “sucker punch.” The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007. U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal.

Thursday, February 11, 2021

Circuit court judge accused of altering paperwork

A New Hampshire circuit court judge has been accused of altering court paperwork with white out in a 2019 family division case while she was under investigation by the judicial branch. Julie Introcaso, a Bedford judge who was suspended in October, was charged Thursday with two felony counts of falsifying physical evidence and three misdemeanors alleging tampering with public records or information and unsworn falsification. The attorney general’s office said Introcaso will be arraigned at a later date. It wasn’t immediately known if she had a lawyer, and a number could not be found for her. The attorney general’s office began an investigation last fall after the state Judicial Conduct Committee released a document alleging that Introcaso violated the state’s Code of Judicial Conduct. That complaint alleges that Introcaso oversaw a child custody case for about six months despite having a friendship with a lawyer who was serving as a guardian ad litem in the matter. She approved rulings on the guardian’s fees and method of payment. She eventually recused herself, citing a conflict of interest, but a party in the case made a complaint about her to the committee, which started an investigation. The committee alleges she altered the court orders during the investigation.

Polish court rules record compensation for wrongful jailing

A Polish court on Monday ordered a record high compensation of nearly 13 million zlotys ($3.4 million) to a man who had spent 18 years in prison for a rape and murder of a teenager he didn’t commit. Tomasz Komenda’s case has shocked Poland, and the right-wing government highlighted it as an example of why it says the justice system needs the deep changes it has been implementing. Komenda, now in his mid-40s was arrested in 2000 over a 1997 rape and murder of a 15-year-old girl at a New Year’s village disco party. He was initially handed a 15-year prison term, which was later increased to 25 years, despite him protesting his innocence. As a result of family efforts, the prosecutors reviewed the case and came to the conclusion that he couldn’t have committed the crime. Komenda was cleared after DNA tests, among other factors, showed that he wasn’t involved. Komenda was acquitted of all charges and released in 2018, having wrongfully served 18 years of his term. He had been seeking 19 million zlotys ($5 million) in damages and in compensation. A court in Opole ruled Monday that he should receive most of that amount ? the highest ever compensation awarded in Poland. The verdict is subject to appeal. Two other men have been convicted and handed 25-year prison terms in the 1997 case. Komenda’s story was told in 2020 Polish movie “25 Years of Innocence. The Case of Tomek Komenda.”

Monday, February 1, 2021

Tips for Avoiding Common Workers’ Compensation Pitfalls

Workers’ compensation is an insurance program. If you have sustained an injury or illness at work, filing a workers’ compensation claim may provide compensation for your medical bills and lost wages. Unfortunately, the claims process can be complicated and confusing, which is why workers often make mistakes along the way. Some of the common mistakes that hurt workers’ recoveries are often avoidable if you know your rights. Avoid these mistakes to get the best settlement: Failing to Report the Injury You cannot get workers’ comp benefits without reporting your injury to your employer. For most injuries in Illinois, employees have 45 days from the accident to tell their employer about the injury. Not Seeking Treatment If you’ve sustained any injury, you need to be seen by a physician immediately. Your doctor can document your injury, symptoms and treatment plan, which will make it easier to be awarded just compensation. read more: https://www.krol-law.com/tips-for-avoiding-common-workers-compensation-pitfalls/