Sentences with phrase «recommendations to the court as»

In the case of an infant's claim, any settlement must be approved by the Public Guardian and Trustee, and in the case of settlements over $ 50,000, the Public Trustee reviews the proposed settlement and makes recommendations to the Court as to the appropriateness of the settlement, including any legal fees if the infant has a lawyer, and the Court makes the final decision on the matter.

If the settlement is more than $ 50,000.00, however, the Public Guardian and Trustee makes a recommendation to Court as to whether or the settlement should be accepted.

If you are engaged in a recommending mediation, should you and your ex-partner not come to an agreement regarding your children, the mediator will make a recommendation to the court as to what would be in the best interests of your child (ren).

Not exact matches

As mentioned above, Delaware courts have not directly addressed the extent to which restrictions agreed between parties to a merger agreement that limit a target board's ability to change its recommendation are inconsistent with directors» fiduciary duties.

Judge Neely asks this Court to heed Ms. Anderson's words, reject the Commission's recommendation to expel her from her profession, and allow her to continue serving her community with excellence as she has done for more than two decades.

The memo, which was circulated to prison governors on November 26th, reads: «The criminal casework directorate (CCD) of the Border and Immigration Agency have confirmed to us that as a rule they have no interest in pursuing foreign national prisoners serving sentences of less than 12 months for deportation unless they have a court recommendation for deportation, are already subject to deportation proceedings, or (in the case of non-EEA nationals) were sentenced to less than 12 months but where the current sentence plus one or two previous sentences within the last five years (taking account of the most significant sentences during the period) total 12 months or more.»

(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.

If the court follows his recommendation, as it usually does, that would derail the countries» attempts to block the plans.

February 16, 2015 (New York)-- As school districts, education leaders and New York's courts debate the future of teacher tenure, Educators 4 Excellence — New York (E4E) members today issued a series of recommendations to preserve job protections but make tenure designations more meaningful.

Well seems Jack Thompson might not be much of a problem in the near future, the Anti-Game Lawyer has reason to be a little embarrassed this week as The Florida Supreme Court approved a recommendation made by Judge Dava Tunis earlier this year, a recommendation that Jack Thompson receive a permanent disbarment with no opportunity for reinstatement.

At sentencing, B.C. Supreme Court Justice Elliott Myers asked the jury — as the Criminal Code requires — to provide a recommendation on the period of parole ineligibility (between the minimum of 10 years and maximum of 25).

As the federal government moves to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia Court of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the cCourt of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the ccourt's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the courtcourt.

For greater detail as to how this «trial penalty» system works, see: (1) «The Triumph of Plea Bargaining,» (2011), 85 Criminal Reports (6th) 29; and, (2) «Plea Bargaining Is Sentencing,» (2009) 14 Canadian Criminal Law Review 55, particularly this exchange of comments between a Superior Court Justice and the Crown, which clearly shows the presumptive power given the Crown's sentencing recommendations (at p. 59):

The Sentencing Commission's report presents this data without making a recommendation as to how the Supreme Court should decide the issue.

As a commission created by the Court, the ARDC investigates and prosecutes attorney misconduct cases and makes recommendations to the Court.

Accordingly, it will be the recommendation of the undersigned Magistrate Judge that a nominal and equal sanction be imposed against Attorneys -LSB-...] with the sanctions to be paid to the Office of the Clerk within 60 days, provided however, that counsel can petition the Court to set aside the monetary sanction by agreeing to attend and successfully complete within the next year, a Continuing Legal Education («CLE») seminar approved by the Court as hereinafter specified.

As Legal Feeds reported in March 2015, the recommendations from the 2010 JCC report were implemented after the B.C. Court of Appeal ruled that provincial court judges are entitled to raises based on the consumer price iCourt of Appeal ruled that provincial court judges are entitled to raises based on the consumer price icourt judges are entitled to raises based on the consumer price index.

Recently, based upon the recommendation of the Supreme Court's Committee on Professionalism, the Utah Supreme Court appointed Tufts to serve as a mentor for the New Lawyer Training Program during its 2010inaugural year.

In 2010, based upon the recommendation of the Supreme Court's Committee on Professionalism, the Utah Supreme Court appointed Mr. Tufts to serve as a mentor for the New Lawyer Training Program during its inaugural year.

As Justice McIsaac quoted, the Committee's rationale for this recommendation insists... in the interests of encouraging the parties to fully explore their case at a pre-hearing conference without prejudice to their right to subsequently litigate fully all unresolved issues in open court, it is the Committee's view that the parties should, where either one thinks it appropriate, be able to insist on a trial before a different judge.

Disagreements between the parents regarding these decisions are often resolved through mediation or use of a third person, referred to as a Parenting Coordinator, who will investigate the dispute and issue a recommendation to the court to resolve the disagreement between the parents.

One of the recommendations in the report to improve the availability of legal assistance to the poor was to encourage performance of pro bono services, including the establishment of a guideline setting an amount of pro bono work that is appropriate and enactment of legislation to enable government attorneys to do pro bono work Progress was made in expanding the availability of assistance in the 1970s, but serious inadequacies continued to exist as recognized by the Supreme Court of Florida in The Florida Bar v Furman:

[14] More particularly, she states that the ABA «wears two very different «hats,»» one when it is acting as a trade group or a representative body of the legal profession, and the other, its «quasi-regulator» hat, when the ABA «endeavors to put aside member self - interest, and provide fair and balanced recommendations to regulators, knowing that the state courts that are the true lawyer regulators rely heavily on recommendations from the «quasi-regulator» ABA.»

On February 20, 1992 The Court accepted the voluntary pro bono plan as recommended by the Joint Commission and requested the Joint Commission propose rules to implement the recommendation The proposed rules were submitted to the Court in September, 1992 and the Board of Governors of The Florida Bar again expressed its opposition to the reporting requirement The Court entered its history - making ruling which adopted the revised Public Service Rule 4 - 6, Rules Regulating The Florida Bar, on June 23, 1993 After motions for rehearing and for clarification were filed, The Court on February 3, 1994 made a clarification modification to Rule 4 - 61 and added further explanatory information in the comment to Rule 4 - 61, Rules Regulating the Florida Bar.

Another recommendation is to use non-lawyers as court navigators, based on the New York program I described in the ABA Journal piece:

R (Barkas) v North Yorkshire County Council [2011] EWHC 3653 (Admin): the Administrative Court upheld the report and recommendation of Vivian Chapman QC sitting as an inspector at a village green inquiry on a tricky point of prescription law, i.e. when will a landowner be able to defeat an application to register a new green on the ground that the public had a legal right of access to the land, with the result that public use was not «as of right» but «by right»?

As the text of that proposal plainly states, it would have rejected the rule of the Ker case.31 The failure to adopt that recommendation does not speak to the issue the Court decides today.

(12) If the complaint is against the Chief Justice of the Ontario Court of Justice, an associate chief justice of the Ontario Court of Justice or the regional senior judge who is a member of the Judicial Council, any recommendation under subsection (8) in connection with the complaint shall be made to the Chief Justice of the Superior Court of Justice, who may suspend or reassign the judge as the subcommittee recommends.

While the statute does not mandate that the governor appoint commission nominees, and its role is limited to trial court appointments, Governor Mark Dayton follows the commission's recommendations and seeks its input for appellate court vacancies as well.

As published in the Scots Law Times earlier this year, David Sandison discusses the likely impact of the Scottish Government's response to the recommendations of the Scottish Civil Courts Review.

She suggests that many of the concerns expressed in the report as to the underuse of ADR are not relevant to many larger, complex claims, and urges the working group to tailor any final recommendations to the specific courts or dispute types for which the evidence suggests they are needed and practicable.

You have, as ever, been supportive, reliable, efficient and mindful of costs through your sound advice and recommendations which has all helped enormously to reduce the stress that accompanies court proceedings.

In a traditional divorce, Psychologists are used as expert witnesses to perform Custody Evaluations and then provide a written report or testify in court regarding their recommendation about the best custodial arrangement for the children.

A Parenting Coordinator's recommendations, which are not agreed to by the parties, may be submitted by the Parenting Coordinator as a written report to the court for consideration.

IAALS encourages court, legal, and broader community stakeholders to view these recommendations as blueprints for a coordinated response to better assist self - represented litigants in family court and a means through which to fulfill this shared responsibility.

The key recommendations of that Report includes: establishing an e-discovery work group; improving the preliminary conference; more e-discovery programs in Education and Training; more court attorney referees serving as e-discovery specialists, establishing an institutional presence at the Sedona Conference; and working harder to improve the quality of E-Discovery practice.

In the event the parties are not able to decide or resolve disputes on their own or with the suggestions of the Parenting Coordinator, the Parenting Coordinator is empowered to make reports or recommendations to the parties and the court for further consideration as set forth in section (E) below.

Lord Justice Jackson's recommendations for CFAs included a proposal for levels of general damages to be increased by 10 %, but it remains uncertain as to how this will be implemented, and whether in practice this will impact on the large majority of cases settled out of court.

Upon the filing of such a petition, the court may take or direct such action as it deems necessary to determine whether the attorney is incapacitated, including referral of the matter to the appropriate disciplinary board for hearing and recommendation by a hearing panel or the examination of the attorney by qualified medical experts.

The Court's decision in California State Teachers» Retirement System v. Alvarez — a suit brought on behalf of Wal - Mart Stores, Inc. — refused to adopt the Delaware Court of Chancery's recommendation that, as a matter of federal due process, a judgment in one derivative action should not bind the corporation or its stockholders in another derivative action unless either (i) the first action has survived a motion to dismiss because a pre-suit demand on the corporation's board of directors would have been futile or (ii) the board has given the plaintiff authority to proceed on the corporation's behalf by declining to oppose the derivative suit.

For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first to consider the relevance of international human rights law, including concerns and recommendations from the CESCR, to section 7 of the Charter.284 The BC Court of Appeal in Adams upheld the trial judge's decision that the City of Victoria was violating homeless persons» constitutional rights to life, liberty and security of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the Court of Appeal was insistent on framing its decision as a negative «restraint» on government, rather than as a positive obligation.

When it comes to Canada, Estrin notes recommendations such as a dedicated international environmental court would be impossible under the current federal government.

However, after the CJC recommendations were adopted the judgments were written so as to be more sensitive to privacy concerns, and the court resumed putting them on its site and sending them to CanLII for publication.

- The general court shall have the power to act in relation to cities and towns, but only by general laws which apply alike to all cities or to all towns, or to all cities and towns, or to a class of not fewer than two, and by special laws enacted (1) on petition filed or approved by the voters of a city or town, or the mayor and city council, or other legislative body, of a city, or the town meeting of a town, with respect to a law relating to that city or town; (2) by a two - thirds vote of each branch of the general court following a recommendation by the governor; (3) to erect and constitute metropolitan or regional entities, embracing any two or more cities or towns or cities and towns, or established with other than existing city or town boundaries, for any general or special public purpose or purposes, and to grant to these entities such powers, privileges and immunities as the general court shall deem necessary or expedient for the regulation and government thereof; or (4) solely for the incorporation or dissolution of cities or towns as corporate entities, alteration of city or town boundaries, and merger or consolidation of cities and towns, or any of these matters.

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As Family Violence Court Officer, presented information and recommendations to court after extensive investigatCourt Officer, presented information and recommendations to court after extensive investigatcourt after extensive investigations.

Recommendation 6: The Commonwealth, in conjunction with industry groups, consider providing additional pooled funding for emergency and unforeseen situations, such as future act matters, litigation or court proceedings; and that the OIPC develop guidelines and procedures that will enable funding to be available in these situations in a timely fashion.

If you fail to reach an agreement again, he will file a report with the court, making recommendations as to how a judge should decide custody.

A de novo hearing is a formal hearing conducted by a Beaver County Support Lawyer to act as a Hearing Officer who will issue a recommendation to the Family Court Judge based on the PA Child Support Guidelines or PA Spousal Support Guidelines.

In a traditional divorce, Psychologists are used as expert witnesses to perform Custody Evaluations and then provide a written report or testify in court regarding their recommendation about the best custodial arrangement for the children.