Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

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Ogawa v. Kang

Court: US Court of Appeals for the Tenth Circuit

Docket: 18-4082

Opinion Date: January 6, 2020

Judge: Moritz

Areas of Law: Civil Procedure, Family Law, International Law

Japanese national Takeshi Ogawa brought a Hague Convention action against his former wife, South Korean national Kyong Kang, alleging that she wrongfully removed their twin daughters from Japan to the United States in violation of his rights of custody and seeking an order requiring the twins to return to Japan. The district court disagreed and denied Ogawa’s petition, concluding that: (1) the twins’ removal to the United States did not violate Ogawa’s rights of custody, and alternatively, (2) even if their removal was wrongful, the twins objected to returning to Japan. Ogawa appealed. After review, the Tenth Circuit Court of Appeals determined Ogawa failed to make a prima facie showing that he had any rights of custody as the Convention defined them. Accordingly, it affirmed the district court’s order.

Adoption by Stefan S.

Court: Maine Supreme Judicial Court

Citation: 2020 ME 5

Opinion Date: January 9, 2020

Judge: Joseph Jabar

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgments of the probate court terminating Father's parental rights to his two children in anticipation of adoptions, holding that the evidence was sufficient to support the court's findings that Father was an unfit parent and that termination of his parental rights was in the children's best interests. Mother and Stepfather of the children filed petitions to adopt the children. Thereafter, Mother filed petitions to terminate Father's parental rights, thereby freeing the children for adoption. The probate court subsequently entered judgments terminating Father's parental rights pursuant to Me. Rev. Stat. 18-A, 9-204(b) and Me. Rev. Stat. 22, 4055(1)(A)(2), (B)(2)(a), and (B)(2)(b)(ii). The Supreme Judicial Court affirmed, holding (1) the evidence supported the court's findings of unfitness and that termination of Father's parental rights would be in the children's best interests; (2) any mistake by the court in arranging its findings within the termination orders was not obvious error; and (3) the court did not err by failing to consider open adoptions that would have left Father's parental rights intact.

In re Child of Corey B.

Court: Maine Supreme Judicial Court

Citation: 2020 ME 3

Opinion Date: January 7, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Father's parental rights to his child, holding that the court did not err in terminating Father's parental rights or violate Father's constitutional rights. In terminating Father's parental rights the court found that Father was unable to take responsibility for the child within a time reasonably calculated to meet the child's needs and that termination of his parental rights was in the child's best interest. The Supreme Judicial Court affirmed, holding (1) the district court did not err in finding Father unfit or in determining that termination of Father's rights was in the child's best interest; and (2) the trial court did not commit obvious error in measuring the length of time Father needed to protect the child from jeopardy against the time within which the time should achieve permanency.

Winn v. Martel

Court: Maine Supreme Judicial Court

Citation: 2020 ME 4

Opinion Date: January 7, 2020

Judge: Leigh Ingalls Saufley

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment of the district court awarding child support to Father's sister (Aunt), holding that the court properly awarded child support to Aunt but erred in establishing its start date for Mother's past support obligation to Aunt. On appeal, Mother argued that the court erred in awarding past and ongoing child support to Aunt and in its calculation of Mother's income for purposes of child support. Mother further argued that child support should not have been ordered to begin on a date before the divorce complaint was filed. The Supreme Judicial Court held (1) the court did not err in its calculation of Mother's income for purposes of child support; (2) the court did not err in determining that it would be in Child's best interest to order Mother to pay child support, including past support, to Aunt; and (3) the Court erred in ordering child support to begin on a date before Mother commenced the divorce proceeding.

In re Interest of Jeremy U.

Court: Nebraska Supreme Court

Citation: 304 Neb. 734

Opinion Date: January 3, 2020

Judge: William B. Cassel

Areas of Law: Family Law

The Supreme Court reversed the decision of the juvenile court declining to adjudicate a newborn that reportedly tested positive for methamphetamine on the grounds that the State failed to prove that he was at risk of harm, holding that the evidence demonstrated that the newborn lacked proper parental care due to his mother's fault or habits. The State sought to adjudicate the newborn, who had been in a hospital with Mother, and his two siblings, who lived with and received appropriate care from their grandmother, solely on the basis that the children lacked proper parental care. The juvenile court declined to adjudicate the children. The Supreme Court affirmed the juvenile court's decision as to the older siblings because they did not lack proper parental care but reversed as to the newborn, holding that the newborn lacked proper parental care, as demonstrated by Mother's drug use during pregnancy until the time of his birth.

Bacus v. Coon

Court: Wyoming Supreme Court

Citation: 2020 WY 2

Opinion Date: January 7, 2020

Judge: Gray

Areas of Law: Family Law

The Supreme Court affirmed the order of the district court modifying custody, support and visitation awarding primary physical custody of the minor child to Father, holding that the district court did not abuse its discretion in denying a continuance of trial. After Mother's attorney was suspended from the practice of law the district court denied three separate pro se motions for continuance of trial. Following a trial, the district court found a material change of circumstances and awarded Father primary physical custody of the child, subject to visitation by Mother. The Supreme Court affirmed, holding that the trial court did not err in denying Mother's motion for continuance.