The Daily Judge

BurtLaw's Daily Judge is not an online newspaper and is not affiliated with or intended to be mistaken for any existing or previously-existing newspaper or journal. Rather, this is a so-called "blawg," a law-related personal non-profit pro bono publico First-Amendment protected "web log" or "blog," one with a subjective, idiosyncratic, and eccentric sociological and social-psychological slant that focuses not on the latest judicial decisions of supposed great legal importance but on a) the institution of judge in the United States and in other countries throughout the world, b) the judicial office and role, c) judicial personalities, d) the great common law tradition of judging as practiced here and throughout the world, e) judges as judges, f) judges as ordinary people with the usual mix of virtues and flaws, etc. We link to newspapers and other sources in order to alert you to ideas, articles, stories, speeches, law books, literary works and other things that have interested us and that may interest you. In linking to another site or source, we don't mean either to suggest we necessarily agree with views or ideas expressed there or to attest to the accuracy of facts set forth there. We urge you in every instance to click on the link and read the entire story or other printed source to which we link. We often use the linked piece as a springboard for expressing our opinion, typically clearly labelled "Comment."

About links. a) Links, like judges, eventually retire or expire, some sooner than others. b) Access to all stories via these links is free, at least initially, although some sites require free registration. c) Free access often turns to fee access after a day or a week or some such period. d) Entries, following the typical blog format, are in reverse chronological order.

Complaints? If you feel we have made a factual error or been unfair in expressing our opinion, please contact us (see, infra) and give us an opportunity to correct the perceived wrong.

Want to contact us? Send an e-mail addressed to "BurtLaw" at "The Daily Judge.Com" (we have deliberately not put the address in typical e-mail form, e.g., ABC@TheDailyClog.Com, because when one does so, the automated web-trollers used by spammers add such e-mail addresses to their lists). We trust you are smart enough to put "BurtLaw" together with "@" and "TheDailyJudge.Com," because you wouldn't be interested in this site if you weren't smart.

About Burton Hanson. Burton Hanson is a graduate of Harvard Law School, admitted to practice in the District of Columbia and Minnesota. He worked one year as Hennepin County District Court Special Term (Civil) Law Clerk, two years as law clerk for the late Justice C. Donald Peterson of the Minnesota Supreme Court, and over 26 years as Deputy Commissioner of the Minnesota Supreme Court. He was a nonpartisan candidate for Chief Justice of the Minnesota Supreme Court in the general election in November 2000 and a liberal anti-war candidate for Congress in the Republican primary in the Minnesota Third District in September 2004. He was one of the first law bloggers (blawgers). He began planning his first blog, BurtLaw's Law And Everything Else in 1999 but delayed starting it until after the 2000 general election. His campaign website, the no-longer extant VoteHans.Com, contained a personal campaign weblog, possibly the first such use of a weblog or blog. In 2004 he also used the personal blog format in his primary campaign for Congress. That site, BurtonHanson.Com, has morphed into a personal political opinion blog and also contains the archives of his 2004 campaign web pages and blog postings.

Hairy cricket jurisprudence. "For anyone who considers the laws of English cricket to be incomprehensible or, indeed, for anyone who thought the mildly outraged term 'it's just not cricket' might imply a certain decorum, think again.

On Sunday, an umpire presiding at a high-profile game between England and Pakistan ruled that in his belief, Pakistani players had been tampering with the ball, and he told Pakistani players of his suspicion, awarding England five bonus runs, or points...By way of protest, the Pakistanis refused to leave their dressing room after a scheduled break for tea. The umpire, Darrell Hair of Australia, a person known for contentious rulings against some Asian teams, then removed the bails -- little wooden bits that fit horizontally across the top of the larger wooden stakes called stumps -- denoting that Pakistan had forfeited the game...Game to England -- the first time in 129 years of so-called Test matches between national teams that a game had been forfeited in this way...." More (N.Y. Times 08.22.2006). The umpire strikes back (Guardian Unlimited 08.22.2006). Comment. The controversy in cricket-loving nations that has ensued is instructive in many other ways, but we like to focus on the jurisprudential aspect. For example, lack of transparency: "The umpires refused to say how they thought the ball had been tampered with...." Or, judicial over-reaction: "'[The umpires] went by the letter of the law, yes,' said Dickie Bird, a former Test umpire. 'But with a cricket ball it is very, very difficult in this day and age, because there are so many advertising boards around the ground and a ball can easily get scuffed when it hits one of the boards or hits any concrete.'" Or, judicial demeanor: "Sunday's game had a personal edge. Mr. Hair is regarded by many Asian players as a difficult man to deal with. As Imran Khan, a former Pakistan captain, wrote in Pakistan on Monday, 'Hair is one of those characters, when he wears the white umpire’s coat, he metamorphoses into a mini-Hitler.'" Or, "the rule of law": "For some there was a more metaphysical element, a musing on the nature of cricket as a standard-bearer of a decency so lacking in a cruel 21st century, as an exemplar of the rule of law [a/k/a "the rule of tradition"?] and the stiff upper lip in their finest form. 'Whatever turbulence rocked the world, one thing could be relied on. A Test match was a Test match, and a Test match was cricket,' The Independent said Monday in an editorial. 'It was played in whites; it paused for lunch and tea; and a player walked back to the pavilion without demur, however preposterous the umpire's ruling.'" Extra links. a) Hair risks all with judge-jury-executioner display (New Zealand Herald 08.22.2006). b) Camera-shy cricket is an expensive game for suffering Pakistan (The Observer Blog 08.05.2006). c) Darrell Hair: Cricket savior? (Manchester Evening News Blog 08.22.2006) ("In steps grumpy old man Darrell Hair, and suddenly cricket is the most exciting sport in the world again"). d) What the papers say (Sportinglife.Com 08.22.2006). e) Racial profiling of Asian cricketers? (Hindustan Times 08.22.2006) ("By playing, Inzamam would have only submitted to the whims of a 'diabolical' Hair and his backers in the International Cricket Council"). f) Hair's history of conflict with Asian teams (Reuters India 08.22.2006). g) He'sa misfit, says Sri Lanka's Ranatunga (Business Day - South Africa 08.22.2006) ("Hair is a misfit in today's cricket because he acts in a high-handed manner whenever he officiates"). h) Day four: How the controversy unfolded (BBC Sport 08.22.2006). i) Bad tamper: cricket's day of disgrace (Sydney Morning Herald (08.20.2006) ("Pakistan's petulance and Darrell Hair's stubborness have led cricket down a dark, treacherous path"). j) How Hair courts controversy (BBC Sports 08.22.2006). k) Is it on tape? (NDTV India 08.23.2006) ("Umpire Darrell Hair though must be hoping that one of the cameras has caught the offence, or else he might just find his case to be a very weak one when...."). l) What the papers say (Sportinglife.com - UK 08.23.2006) ("Australian umpire Darrell Hair fears there may be a conspiracy to drive him out of cricket but he is standing by his actions which helped bring the...."). m) Spirit of cricket lost for sake of a fat man's... (The Australian 08.23.2006). n) Darrell 'The Flippin' Hair, No Stranger to Cricket Controversy (Blogcritics.org 08.23.2006) ("Had there been a competition of the most dubious cricket umpire in our lives, Darrell Hair would be a runaway winner"). o) Woolmer wants ball rule scrapped (BBC Sport 08.23.2006) ("'I'd allow bowlers to use anything that naturally appears on the cricket field,' he said...And he took a discreet dig at umpire Darrell Hair, who only played the game...."). p) Australians hail Hair as 'bravest man' (Gulf Daily News - Bahrain 08.23.2006). q) Weird but true - curious cricketing tales from the annals of... (Independent - UK 08.23.2006). r) Could Pakistan sue Hair for libel (TimesOnline 08.24.2006). s) Mentor fears early end to ump's career (Hindustan Times 08.24.2006). t) Hair: 'If an umpire is feeling that he is under pressure, then there must...' (Guardian Unlimited 08.24.2006). u) Hair controversy brings India and Pak together (NDTV 08.24.2006).

Annals of stripped construction. U.S. District Judge Robert Bell is being asked to rule on the constitutionality of Grand Rapids' new strip-club ordinance. The new ordinance requires that strippers wear "pasties" and "G-strings" and perform on a stage at least 6 feet away from customers. One of the plaintiffs challenging the ordinance says, "Realistically, if people want to go watch girls in a bikini, I think they would go to the beach or a bar that would show the same thing instead of my nightclub, where they would pay to drink pop and watch girls in a bikini." More (Grand Rapids Press 08.24.2006). Comment. I won't be surprised if the new "Bush" majority on SCOTUS eventually revists the Court's precedents on nude-dancing in public "establishments." Update. Judge upholds ordinance (WOOD-TV 08.25.2006).

Hindu judge is Muslim Pakistan's acting chief. More (Hindustan Times 08.24.2006). Comment. Yet another sign of a thaw in bad relations between Hindu India and Muslim Pakistan? See, in re the "Hair cricket controversy," supra, Hair controversy brings India and Pak together (NDTV 08.24.2006).

How quickly we judge. "Princeton University psychologist Alex Todorov has found that people respond intuitively to faces so rapidly that our reasoning minds may not have time to influence the reaction -- and that our intuitions about attraction and trust are among those we form the fastest. 'The link between facial features and character may be tenuous at best, but that doesn't stop our minds from sizing other people up at a glance,' said Todorov...." More (South Asian Women's Forum 08.23.2006). Comment. A fellow's first impression of a young woman might be lop-sidedly favorable, based on one factor, her "looks." Then he sees other sides of her while associating professionally with her for many years, never really being "interested" in her. Then something happens and they find themselves drawn to each other physically. Then that changes. At each moment he was sure in his assessment of her "worth." Which impression, which judgment, which assessment, is right? Is each successive judgment right? Are they all wrong?

Dozing judge agrees to get treatment. "The [N.H.] Judicial Conduct Committee [has] found [that] Patricia Coffey, who sits in Rockingham County, did not actually sleep on the bench and [that] her briefly nodding off didn't affect the outcome of any trials or infringe on anyone’s rights. But the committee said nodding off violated the code of conduct for judges." Coffey has agreed to seek diagnosis and treatment. More (Boston Herald 08.24.2006). Comments. a) That nodding off while presiding (NWP) is a violation of "the Code" comports with family-law precedents that nodding off while sleeping with one's spouse constitutes not just rudeness but a violation of the marital contract. b) Every society has its own ways of dealing with those who depart from the boring norm in one way or another. China used to (maybe still does) send its erring sons (those who practiced free speech when there was none) to the provinces for "re-education." Despite its Christian traditions, America in many ways has become one of the harshest countries on earth when it comes to dealing with social deviance. However, one All-American way of getting a second chance without ruining one's career, including in the judicial system, is to humbly admit illness (most typically, an alcohol problem) and promise to seek "treatment." It is the secular road to secular salvation, comparable to admitting sin before a Christian congregation and being welcomed back into the fold. Earlier. More people claim judge was guilty of NWP (napping while presiding), with links and comments.

Judge as witness, law clerk as accuser, convicted felon as beneficiary? "In countless criminal trials during his decade-long career in the Queens County Courthouse, Jaime A. Rios, a State Supreme Court judge, has presided over the grilling of witnesses and evaluated accusations of all sorts of lurid misdeeds. But yesterday, Justice Rios was not behind the bench. Instead, he was beside it -- on the witness stand -- being questioned by Ronald L. Kuby, a prominent defense lawyer, as to whether he tainted the murder trial of a Queens man convicted in his courtroom in 2003...Adding to the tension was the testimony, earlier in the day, of Justice Rios’s longtime law clerk, Judith Memblatt, 48, who was fired by the judge in 2004. In a federal wrongful-termination lawsuit, she has accused him of having an affair with a Queens prosecutor, Meryl A. Lutsky, that was such an 'open secret' in the district attorney’s office that the judge regularly curried favor with prosecutors to keep them from exposing him...Asked about Ms. Memblatt, Justice Rios said, 'I'm aware that she made a lot of lies.'" More (N.Y. Times 08.23.2006). Earlier. More on former law clerk's allegations against judge - Was judge in bed with an assistant D.A.?

Psychobiography: Preliminary speculations on Scalia's 'Italian rebellion.' "In Italy, red lights come in many varieties. A rare few actually mean stop. Others, to the Italian driver, suggest different interpretations. At a pedestrian crossing at 7 a.m., with no pedestrians around, it is a 'negotiable red,' more like a weak orange. At a traffic intersection, red could mean what the Florentines call rosso pieno, or full red, but it might, with no cars coming, be more of a suggestion than a command. It all depends. The red-light mentality, as the journalist Beppe Severgnini sees it, explains volumes about Italy and the Italians. 'We think it’s an insult to our intelligence to comply with a regulation,' he writes in La Bella Figura, his witty, insightful tour of the Italian mind. 'Obedience is boring. We want to think about it. We want to decide whether a particular law applies to our specific case. In that place, at that time.'" From William Grimes, An Insider Explains Italy, Land of Cheery Dysfunction (N.Y. Times 08.23.2006) (Review of Jenna Thompson and Beppe Severgnini, La Bella Figura - A Field Guide to the Italian Mind 217 pages. Broadway Books. $23.95). Comment. It's elementary Freudian and Jungian depth psychology that adults often do things in unconscious (or conscious) reaction to, or rebellion against, various events and relations in the families and social groupings of their youth -- just as they often do other things in unconscious (or conscious) compliance with the familial and social didacticisms of their youth. We posit as a temporary working hypothesis in our psycho-biography (see, Erik Erikson's Young Man Luther as an example) that "Nino" Scalia's ways at oral argument and in public utterances represent a triumph of his "Italian-ness" over the cherubic Catholic altar boy in his soul, whereas his strict constructionism represents a reaction of the Catholic altar boy against the legal "relativity" of the Italian joy boy in his soul. Cf, Walter Lippman, A Preface to Morals (1929).

Former judge to serve year under house arrest. "Former Covington County Justice Court Judge Susan 'Dess' Kelly will spend one year under house arrest for embezzling about $50,000 when she was in office...." More (Jackson Clarion Ledger - MS 08.23.2006). Comment. We typically urge less-harsh treatment of everyone from Minnesota kids who bring plastic Nintendo guns with them to school to judges who veer slightly off the boring straight-and-narrow path they are expected to follow. See, e.g., my comments on a judge's conduct at Judge charged with reprising Michael Douglas' role in 'Traffic'? As to the boy with the plastic Nintendo gun & our schools' stupid zero-tolerance policies, see entry dated 04.27.2002 titled Zero-tolerance nonsense (scroll down) at BurtLaw's Law & Kids. We even urged probation with home-confinement rather than prison for former Minnesota Court of Appeals Judge Roland Amundson when he was convicted, of a property offense -- see, entry dated 06.08.2002 titled Wish list (scroll down) at BurtLaw on Crime & Punishment, an opinion that subjected us to national ridicule (a slight exaggeration) by an extremely popular conservative blogger (whom we nonetheless like). (We can take it -- & we can dish it out.) Judge Amundson now thinks, as we do, that our lock-them-up-and-throw-away-the-keys sentencing laws are a big mistake. See, Imprisoned judge rethinks crime & punishment. It's one reason we have advocated, as Frank Lloyd Wright did, sending all judges and legislators to jail -- if only for a night or two. See, Should we send all judges and legislators to jail? Like Judge Amundson, people who spend time behind bars or have a relative or friend behind bars tend to stop thinking of people in trouble with the law as "others" or as "them" but as "us" and they start to see the folly of our unnecessarily-harsh and counter-productive sentencing policies. Further reading. I've held these views all my life and I've never been ashamed of them, although I've not always been free to express them. Here's a link to a campaign position paper on Crime and Punishment I posted on my campaign website in my 2004 anti-Iraq-war campaign against entrenched incumbent Republican Congressman Jim Ramstad. Compare and contrast. Judge gets four years in prison for masturbating.

Panel defies governor over judicial selections. "The state's Judicial Selection Commission laid the groundwork Tuesday for defiance of Gov. Phil Bredesen, who some members said has brought racial discrimination into the process of picking a Tennessee Supreme Court justice. After a spirited argument, the commission voted 8-7 to ignore a state attorney general's opinion that would block the panel from nominating two white men to a vacant seat on the Supreme Court. Attorney General Paul G. Summers had declared that, because Bredesen has already rejected the two men once, their names cannot be re-submitted. In rejecting the earlier nominees, Bredesen asked the commission to 'send me a new panel of nominees that includes qualified minority candidates.'" More (Knoxville News Sentinel 08.23.2006). Comment. One commission member, Gary Brewer, is quoted as saying, "Race cannot be a factor. The governor is a politician. We cannot be politicians or affected by politics." It's o.k. with us if a commission member wants to and does believe that "commissions" are not "political." But we think otherwise. See, our comments at Sorry, bar association, but.... Related. Republican Arnie and the Democrats battle over judicial selection (The Argus 08.23.2006).

OMG: cracked toilet floods courthouse. More (Springfield News Sun - OH 08.23.2006). Comment. Yet another courthouse toilet crisis that temporarily brings justice to a halt or at least puts a damper on it. Like love, the course of true justice does not run smooth. Related. Judge Poseidon's Amazing Courthouse Adventure.

Judge admits to questionable behavior. "After two days of sometimes emotional testimony, Salinas Judge Jose Velasquez admitted that some of his behavior on the bench had been improper and that he owed at least one defendant an apology. Velasquez said he had inappropriately increased Modesto Herrero's fine from $750 to $2,000 in January 2005 after Herrero said his sentence was not what he had agreed to in his plea bargain...Velasquez is in the midst of a hearing on formal charges that he abused his power by denying defendants' rights to due process, punishing them for speaking out in court and being rude to them and their attorneys with inappropriate humor, among other things...." More (Monterey County Herald 08.23.2006). Update. Friends defend judge (Monterey Herald 08.24.2006).

Judge-elect dies shortly after winning election. More (Chattanoogan 08.22.2006). Comment. Sometimes when we think we've won, we've lost. Sometimes when we think we've lost, we've won.

Ex-judge may have made big mistake in contesting traffic ticket - latest allegations relate to evidence provided by legal secretary turned prostitute, ex-judge's lawyer's relations with her, etc. Marcus Einfeld, who is 66, is a retired federal judge in Australia who is known also as a human rights activist and businessman. Last January he received a $77 ticket alleging he'd been caught speeding in his silver Lexus. Einfeld told Downing Centre Local Court he'd never been on the street but that he had loaned his car to Professor Teresa Brennan, who had died after returning to her home in Florida. The magistrate dismissed the ticket as "not proven." It later was revealed that a Professor Teresa Brennan of Florida had died in an accident but that that was three years ago. Confronted by a reporter, Einfeld reportedly said that the woman he loaned his car to was another Professor Teresa Brennan and that she had died, also in an accident, after driving his car and returning to Florida. We posted a link to a story on 08.09.2006 saying the police were investigating. See, The mystery of the two Professor Brennan's. We've also posted other links: Could evidence 'sink' him? (Daily Telegraph 08.09.2006), Ex-judge's lawyer will provide driver's name (The Australian 08.10.2006), and Einfeld delivers dossier to police (News.com.au 08.24.2006). Now comes news that "A spurned prostitute has taken centre stage in the increasingly bizarre speeding case of former judge Marcus Einfeld." The woman in question is named Marie Christos. Ms. Christos left a secretarial position with "top Sydney silk Anna Katzmann" six or so years ago and allegedly began a relationship with Einfeld's solicitor, Michael Ryan, after meeting him in a brothel. She claims he regularly paid her for sex during a six-year relationship. She says that, seeking revenge after their breakup, she searched his garbage looking for information to use against him. One of the items in a suitcase full of documents she turned over to police is what purports to be a draft statement prepared by Ryan on behalf of Einfeld. Ryan reportedly has told police it's a "set-up." Other recent reports regarding Einfeld, relevant or not to the fraud squad investigation into the dismissal of the speeding ticket, are that a) two "doctorates" held by him were awarded, while he was a judge, by an unaccredited U.S. "diploma mills," and b) "one of his [last] judgments...failed to acknowledge material that was identical to work by Sydney University academic John Carter" (which Einfeld says is explained by the accidental omission of a footnote). More (Daily Telegraph - AU 08.22.2006). Updates. a) Thousands use the Einfeld defence (Sydney Morning Herald 08.26.2006) ("Former judge Marcus Einfeld was following a well-established excuse for avoiding traffic camera fines, with 13,000 people a year claiming someone from overseas...."). b) Conduct questions: gold past returns to haunt Einfeld (Sydney Morning Herald 08.25.2006) ("The gravitas of Marcus Einfeld, QC, carefully cultivated over 30 years, has continued to disintegrate as the former judge, already under siege over media...."). c) Einfeld used same defense twice before (WA Business News 08.24.2006) ("Latest woman blamed by former justice Marcus Einfeld for two traffic violations was not in Australia when the offences occurred...."). c) Einfeld pays fine (Melbourne Herald Sun 08.26.2006). d) The Einfeld Follies: a study in ego (Sydney Morning Herald 08.20.2006) ("The more you examine the career of the Honourable Marcus Einfeld, QC, the less you find. The great mystery is why it has taken so...."). e) Latest on controversy surrounding ex-judge.

Judicial vacations. "Judges are on a collision cause with the Chief Justice Evan Gicheru over their annual vacations. Justice Gicheru suggested that the vacations should be reduced from 62 to 45 days...He said the issue should be addressed following criticism from the public over delays in court hearings. But the judges disagreed, saying the backlog is a result of understaffing...." Chief disagrees with judges over vacations (Standard - Kenya 08.23.2006). Related. Judges' meeting with each other as more important than judging cases (Daily Nation 08.22.2006). Update. Judicial vacation postings. Court bailiff convicted of felony theft for lying about work hours. Annals of TV 'sweeps' and judges 'caught on camera.' Kiwi judges under fire for $300,000 jaunt to plush resort. DA to probe whether prosecutor running for judgeship violated rules. Alito throws out first ball; judges start three-month summer vacation. Judge's vacation closes court. Judge hosts free CLE seminar. Judicial vacations. Dept. of Judicial Dangers: Golf. Curious judicial press release.

Justice, sentence and civics lesson - all under one roof. "Now six years old, the court in Red Hook is one of a kind, the nation's first multijurisdictional community court. It combines elements of criminal, family and housing courts not only under the same roof, but also before the same judge, Alex M. Calabrese...[H]e and the court have garnered wide attention for what is considered a groundbreaking crossover role: a court linking criminal sentences with social services, like substance abuse counseling and youth programs, all in the same building...To sit through a few Tuesdays in the court is not only to see and experience the million little details and moments that make this courthouse unique in New York City, but also to return to a simpler time, to an array of affronts to a collective sensibility. Riding a bicycle on the sidewalk. Playing music too loud. Drinking in public. Urinating in public. Being in a park after-hours. Some cases are pleaded down or thrown out. Others bring a fine or a lecture in a 'quality-of-life class,' which is just that, a class that seeks to instruct on how to live a better life, a life without alcoholics in parks and urinators in alleys. 'It’s a small-town court in a big city. Just like in a small town, the judge actually knows who’s doing what,' said David Bookstaver, a spokesman for the state’s Office of Court Administration...." More (N. Y. Times 08.22.2006).

Courthouse intrigue. "The Walworth County Sheriff's Department investigation earlier this month of Diane 'Dani' Maculan, the former county health and human services director, was spurred by an anonymous letter accusing her of threatening a judge, according to a sheriff's department report. The investigation found that there was no threat to the judge from Maculan. Maculan resigned last week as director...A letter signed by 'One Concerned Constituent' was sent to Walworth County Judge Robert Kennedy, stating that Maculan called Kennedy an obscenity at a staff meeting on July 28 and threatened to run him over while he was on his motorcycle...Maculan [told an investigator] the staff was frustrated with Kennedy and made joking remarks about him being run off the road while riding his motorcycle to work, according to the report...Other employees cited in the report said the comments were light-hearted and that many people at the meeting made them...." More (Janesville Gazette 08.22.2006). Comment. There was a tradition among slaves of telling "bad ass" stories, in which a legendary "Bad Ass" made bad things happen to "the man." The stories served a therapeutic purpose of "letting off steam." It is not unusual these days for members of a close-knit group of employees to similarly "bad mouth the boss" in what is but a modern equivalent of bad-ass stories. Literalists might perceive as threat or insubordination what in reality is healthy release that indirectly may benefit the social or business or political organization/entity.

Sorry, bar association, but.... "The whole incident has ripped the curtain of secrecy -- and civility -- that the Florida Bar tries to maintain over judicial elections. Sorry, boys, paint it any way you want, but judicial races are political too...." -- From a political column in the Lakeland Ledger on an attempt by one judicial candidate to have his opponent removed from the ballot. More (The Ledger 08.21.2006). Comment. The precise circumstances prompting this remark aren't particularly important, but the remark is justified. Even before the so-called judicial free-speech cases, judicial elections in MN were "political," just as judicial appointments, even under the "great" Missouri Plan, invariably are "political." I'm not aware of any judge whose ascension to the bench was the equivalent of a virgin birth. In Minnesota the law says judicial candidates aren't supposed to know who his contributors are, but judges have been known to attend receptions at law firms, knowing that moments after they leave the room many of those present will contribute to the campaign coffers. And judges have never been shy about having their representatives seek out public endorsements from politicos and lawyers, which are printed on campaign brochures that judges surely read. Surely judges are able to put two and two together and make a good guess as to who their backers are. The cry that suddenly, because of the free-speech cases, judicial elections are "political" rings hollow, just as the cry rings hollow that the "great" Missouri Plan will remove "politics" from judicial selection. Hey, I was taught in the great pol. sci. dept. at the U. of Minn. in the early 1960's that "politics" isn't a dirty word. I still feel that way, and the fact that many politicians, of whatever ilk, are slimeballs and mediocrities doesn't mean "politics" is bad. Read on....

Editorial: judicial retention evaluations appear too lenient. "The [Colorado retention evaluation and recommendation] commissions calculate a grade for judges based on the responses from attorneys who have appeared before them. The average is 3.4 (of a possible 4.0) and almost all the scores are very close to that figure. Just eight judges [of 108, all of whom were recommended for retention] scored below 3.0. Only three drew any negative votes. Surely there ought to be more...." More (Rocky Mountain News 08.21.2006). Earlier. Big surprise: panel backs retention of 108 judges - Even better than the Great Missouri Plan? - A debate on judicial campaigns.

Unsolved Crimes: Judge’s killing broke Apayao’s rustic calm. "Known for his tough, no-nonsense decisions, Judge Pinera Biden of the Kabugao, Apayao, Sixth Municipal Trial Court no doubt had ruffled the feathers of criminals, politicians and influential families in his province. Exercising jurisdiction over Kabugao, Conner and Calanasan, the three highland towns of Apayao, Biden’s clout was unmistakable. He was ready to bow out of the judiciary on 2004 and try his hand at politics, but assassins aborted his plan...." More (ABS CBN News - Philippines 08.21.2006).

Courthouse Fashion, part III: Judges voice objection to some lawyers' attire. "In a letter sent last week to lawyers practicing in the 32nd Judicial Circuit, which includes Cape Girardeau, Bollinger, and Perry counties, Circuit Judge Benjamin Lewis informed them that a new rule on courtroom decorum

and dress was imposed. The rule, passed by a majority vote by the six judges in the circuit, states that 'appropriate professional attire' is required when in court, including a coat and tie for men...While not explicitly stated in the rule, the letter said socks and shoes would be required for professional attire...Lewis admitted...no lawyer that he was aware of entered a courtroom sans shoes. The major problems recently was some who were wearing jeans and not wearing ties or socks, he said...'This is one of the few places left where its important that we dress appropriately and behave appropriately,' he said. 'It's not a cruise ship, it's not a carnival in there. You have to maintain some kind of decorum.'" More (Southeast Missourian 08.21.2006). Earlier. Another judge tries instituting courthouse dress code (with commentary + links to prior postings on courthouse fashions and judges as fashion police. Comment. Two can play this game, of course. It has come to my attention that female judges around the country -- indeed, at the highest levels -- sometimes wear

silly huge bow ties or garish ribbons or fine lace collars with matching lace cuffs. This practice must stop. Henceforth, no judge, regardless of gender, may wear the bow ties, ribbons and lace collars to which we refer. (Western-style string ties, however, are permitted, and the red robe on the Chief Justice of Canada, left, may remind one of Mrs. Claus' Holiday garb but somehow it works on her.) Moreover, judges should remember that whenever they are in public, on or off the bench, they represent Justice and accordingly must dress appropriately. See, e.g., On judicial swimsuits & the Rules of Judicial Conduct. On a

related note, younger judges who do not project authority or wisdom or gravitas or experience are allowed to take Gravitox treatments but should not appear on talk shows to tout the treatments or, for that matter, publicly acknowledge having received the treatments. Queries: 1. Was it proper or improper for the female judge in Hard Times at Christmas to a) wear what she did under her robe and b) reveal what she was wearing? 2. Might a judge properly wear a lime-green robe in court a) all the time or b) on special occasions? 3. Is it o.k. for judges, regardless of gender, to wear hair extensions? See, Judicial extensions. Further reading. Judge-endorsed BurtLaw Bench Pants - BurtLaw Super-Privacy Robes. Proper attire for judicial applicants. Our rules relating to judicial attire do not apply to those merely aspiring to judicial office. Thus, it was entirely appropriate for Bill Rehnquist to go to the White House to be interviewed by President Nixon for possible appointment as Associate Justice wearing "a pink shirt, psychedelic tie, Hush Puppies, and bushy mutton-chop sideburns," prompting Nixon to refer to him later as "a clown." Clowns in Gowns -- How Nixon's Rehnquist nomination screwed up the way we pick judges, by David Greenberg (Washington Monthly December 2001). P.S. As Chief Rehnquist wore a specially-designed $30,000 black robe, the one former White House Counsel John Dean has described as having "four gold chevrons on each arm -- inspired by Gilbert & Sullivan's Lord Chancellor from the comic operetta Iolanthe." More (John Dean, Writ 01.04.2002).

Courthouse Fashion, part II: The Viking influence on judicial fashions. Here's a posting relevant to the above, from 2005:

Horsehair wigs, white gloves, garish robes, and fancy neckerchiefs. "One day, this friend of mine came to lectures with a newspaper showing the picture of three Zambian judges wearing horsehair wigs, white gloves, garish robes, and fancy neckerchiefs. Pointing at the picture, he asked the following questions: Do these African judges have to wear these wigs and robes in order to perform duties effectively? Why is it that when the British migrated to settle in North America they discarded the culture of allowing their judges to wear wigs?" From an opinion piece by Y. Fredua-Kwarteng, Ontario Institute for Studies in Education, Toronto, Canada in Ghana Web (08.30.2005). More. Comment. My property law teacher at Harvard Law School, W. Barton Leach, acknowledged world master of the intricacies of Rule Against Perpetuities, liked to toss out little nuggets of practical wisdom. Like this one: "When your opponent asks a rhetorical question, answer it! It's usually very easy to do." And so, Y. Fredua-Kwarteng, I will answer your rhetorical questions. Yes, these Ghanian judges maybe do need to wear those ridiculous wigs and robes in order to perform their duties effectively. We just don't know. But the British migrants in North America & their common law descendants clearly do not. You see, North America was discovered by the Vikings, who had their own distinctive style of dress. See, Viking Men's Clothing. When their style of judicial garb (horned helmets, etc.) was crossed with the British style of judicial garb (scratchy wigs, ridiculous red robes, etc.), the result was something entirely fresh, new and North American -- specifically, in the case of the United States, naked rather than wigged heads (symbolizing openness to light, air and ideas) and stark, simple but flowing black robes (symbolizing the common-ness of the common law with a nod, in the flowing nature of the robe, to the feminine quality of mercy as a countervailing force to the otherwise unwavering blackness of justice).

Shilpa Shetty to judge Jhalak Dikhla Jaa. "Just the other day, we had reported that Karisma Kapur had opted out of Sony's dance show Jhalak Dikhla Jaa. There were rumors that Kapur had demanded a very high remuneration. Now, Shilpa Shetty has replaced her as a judge. This is the first time that she will be seen on T.V. The other celebrity judges include Farah Khan and Sanjay Leela Bhansali...." More (India FM 08.21.2006). Comment. I'm not sure about the spelling or meaning of the replacement's name -- or, for that matter, of the spelling and meaning of the other names.

A judge's horoscope for 08.20.2006. "Gemini (May 21-June 21): Though you're an excellent judge in matters of character, taste and all sorts of things, this is your day to 'judge not, lest you be....'" More (Sun Herald 08.20.2006). Comment. This is only for those of us, judge or not, who are "Gemini's."

How a donkey became a judge (a tale from India). "Once upon a time a poor man who made his living washing clothes was leading his donkey through the village. As he passed by a school, he happened to overhear the mullah, the teacher, speaking angrily to his students. 'I'll teach you donkeys,' the mullah thundered. 'By the time I'm finished with all of you, you shall be men.' Now the washerman looked into his donkey's eyes, and he began to imagine how wonderful it might be to have a true son instead of this creature. If only he could send his donkey to school. He could not resist the mullah's promise, and so he knocked upon the door...." More (Sun Herald 08.20.2006).

Bd. admonishes supreme court justice over lunch with lawmaker. "A panel admonished a Kansas Supreme Court justice Friday for conduct violations stemming from a lunchtime conversation he had with two lawmakers about a case before the court. The Commission on Judicial Qualifications said Justice Lawton Nuss' March 1 conversation violated the code of conduct for judges and justices...." More (Washington Post 08.18.2006). Update. Dem wants panel to end (Topeka Capital-Journal 08.24.2006).

Beverages banned from county court. "Would-be plane bombers bearing liquid, and additional concern about concealed weapons, has resulted in all cups, water bottles and all other beverage containers being banned from Palm Beach County courthouses beginning Sept. 15...." More (Boca Raton News 08.19.2006). Comments. a) How about gel-insert shoe cushions? Cherry-flavored lip balm? b) This apparently-true story reminds me of the satirical "news story" in The Onion dated 10.03.2001, Security Beefed Up at Cedar Rapids Public Library, reporting on Cedar Rapids, Iowa Library Director Glenda Quarles' expression of concerns about foreign terrorists attacking their library: "As caretakers of the most prominent public building in the second largest city in Iowa, this library can no longer afford to take chances." Update. Beverages are again okay at courthouse (Palm Beach Post 09.16.2006),

Judge's ruling divides 'big football town.' "It was intended to be a prank: steal a decoy deer, place it on a country road and watch as motorists swerved to avoid it. It ended with two teenagers suffering serious injuries when their car hit the decoy and rolled into a ditch. When a judge ruled this week that two boys -- both high school football players -- can complete the football season before they serve 60-day sentences at a juvenile detention center, it caused a division in this northwest Ohio city...When Judge Gary McKinley announced his decision Tuesday to delay the sentence, he said, 'I shouldn't be doing this, but I'm going to. I see positive things about participating in football.'...The two football players are to remain on house arrest once released, pay fines, perform community service and each write an essay titled 'Why I Should Think Before I Act.' Trials are pending for three other defendants." More (CNN 08.19.2006). Comment. We're always on the side of kids. See, BurtLaw's Law and Kids. We trust the judge would have been just as lenient if the two boys had not been players on the football team, whose games draw crowds of 4,000 in this city of 8,000; we trust he'll be just as lenient in the future.

Courthouse stories. Bob Kriebel has written the first of four columns of "courthouse stories" about downtown Lafayette, Indian's courthouse square, and events occuring in and around the Tippecanoe County Courthouse. This week: 1825 - 1877. Next week: 1878 - 1885. More (Journal and Courier 08.20.2006).

Blame the law clerk? "What the hell? Was there no law clerk who had enough nerve to say, Judge, it can't go out like this?" More (National Review Online Blogs 08.20.2006). Comment. This is a comment by a blogger who doesn't like a certain federal district judge's recent opinion (you can guess which one). I haven't read the opinion yet. I don't believe in blaming law clerks, but if I were a judge I'd want, among other things, a) to hire the best law clerk possible, never basing my hiring decision on friendship or connection or party affiliation or other irrelevancies (not all judges are comfortable with "the best"), and b) to teach the law clerk up front what I expected, including never to be afraid to tell me what he or she is thinking. I've never been a "yes man" and I wouldn't want to surround myself with them. Sadly, some judges -- some Presidents -- aren't comfortable except around sychophants and supplicants. I, of course, know nothing about the judge in question or her law clerk.

Drawn to criminals. This courtroom artist "likes nothing better than a good old-fashioned murder." Her name is Mona Shafer Edwards. "[She] has spent more than 25 years sketching Hollywood's rich and famous on trial. She talks about her experience as a courtroom artist and why she likes nothing better than a good old-fashioned murder...[Q] 'Do you ever feel like you're in a movie?' [A] 'Absolutely. It's very theatrical. The big story I'm working on at the moment is called the 'black widows' story. It's these two women accused of killing men, running them over to get their insurance money. The women are 73 and 75. I love clever murders, they're always fun...." More (Guardian Unlimited 08.20.2006).

Annals of absurd sentences: judge gets 4 years in prison for MWP. "A former judge convicted of exposing himself while presiding over jury trials by using a sexual device under his robe was sentenced Friday to four years in prison...." More (Houston Chronicle 08.18.2006). Earlier entries. Annals of Great American Trials - A tabloid's take on judge charged with MWP (masturbating while presiding) - The Holmesian angle on the MWP case - Trial soon for judge charged with using penis-pump during trial? -Latest on case of the disgraced "penis-pumping" judge - A discussion of Erectile Dysfunction: Vacuum Constriction Devices (MedicineNet.Com). Related. Penis-pumping judge's attorney won't face criminal jury tampering charge (Sapulpa Daily Herald 07.13.2006). Comment. Boy, it's just my opinion, but I think the powers-that-be in Oklahoma have made way too much out of this case, embarrassing the state in the eyes of the world in the process. That is, they've made something small into something way too big, mimicking what a vacuum constriction device (VCD) is designed to do. I'm beginning to doubt that the ISOPM (International Society of Public Masturbators) will be holding their upcoming convention in Oklahoma. The Burger connection. Interested in the connection of Warren Burger, the late Chief Justice, to indecent exposure law? Then read the following entry I posted at BurtLaw's Law and Politics on my original law blog, BurtLaw's Law and Everything Else, on 01.17.2002:

What doors has she been knocking on? What do you think of when you ponder the general topic of "knockin' on doors"? In my case, a number of things come to mind, including a song I recall from my youth, Open the Door, Richard. I may be naive, but as I reread the lyrics, which I last heard when I was around four, I find it hard to believe that the singer either expected or consented to "Richard's" opening the door in the buff. In Minnesota, Land of Thousands upon Thousands of Repressed Norwegians, of which I am one, I like to believe that the Top 10 List of Major Social Problems does not include "People opening their door naked." But Georgia, where the word is "nekked," must be different. Here's a link to a story about a Georgia lawmaker, Rep. Dorothy Pelote. She's the person who last year claimed she had seen psychic visions of missing Congressional intern Chandra Levy. More. According to the story, "In the past she's introduced bills to ban long fingernails for students and to stop supermarket baggers from licking their fingers." This time around, she has proposed a law making it illegal for people to answer their doors naked. I'm puzzled why such a law is needed. One can commit the crime of indecent exposure in most states if one intentionally and knowingly exposes oneself indecently to a nonconsenting member of the public, as by standing naked by an open window intentionally attracting the attention of a passer-by. When the late Chief Justice Warren Burger was in private practice in St. Paul, he obtained a reversal from the Minnesota Supreme Court of an indecent exposure conviction of a student who didn't pull the shades before undressing because the supreme court, in its wisdom, deemed the evidence was insufficient to establish the student intentionally exposed to the complaining passerby. I would think that most reasonable people would agree that if one answers the front door naked, one has intentionally and knowingly exposed oneself to "the knocker." Perhaps a) there's caselaw in Georgia allowing indecent exposure defendants to "get off" by claiming they reasonably thought "the knocker" was someone who consented, and b) a significant number of ordinary folks in Georgia have read the law reports and have decided to "take advantage" of the loophole -- to exercise their "right" to open the door naked, so to say. Apparently, if the news story is accurate, the Georgia chapter of the ACLU believes the proposed law would violate a constitutional right of privacy inside the home guaranteed by the Georgia Supreme Court. Does this mean in Georgia people have a "right to open de door nekked"? If I lived in Georgia, I'd oppose the law on more general philosophical grounds. I'd quote Johnson's observation, engraved on the wall of the Minnesota State Capitol outside the Supreme Court Courtroom: "To embarrass justice by a multiplicity of laws, or to hazard it by reliance on judges, are the opposite rocks on which all civil institutions have been wrecked." (01.17.2002)

May boss require employee to count juror time as vacation? Article about the New York law on this. More (Chicago Tribune 08.20.2006).

High Court to retired judges: Git outta yer official residences. "A [Bombay high court] division bench of Justice R. M. Lodha and Justice S. A. Bobde on Thursday asked for a list of retired judges and other judicial officers who are yet to vacate the official accommodation provided to them. The HC also ordered A. A. Lad, a retired district judge who is now the presiding officer at the labour court, to vacate the official residence provided to him at Haji Ali by August 31, 2006...." More (Times of India 08.18.2006).

Another judge tries instituting courthouse dress code. "Superior Court Judge Paul Jones initiated a dress code in the Lenoir and Greene county courthouses because he says there has been a total disregard for the court when it comes to dress. 'I’m more impressed when people dress up properly,' he said. Jones said some people show up to court wearing t-shirts with marijuana plants on them, boots with the laces untied, and woman sometimes

wear skirts that are too short. 'Women sometimes dress worse than the men,' Jones said...."

Pants must not sag below the waist or be worn in such a manner that otherwise expose undergarments;

Tank tops, strapless tops and other clothing revealing excessive skin shall not be worn;

Shorts and mini-skirts are not allowed;

Hats, including baseball hats, stocking caps and knit caps must not be worn in the courtroom;

Shirts, blouses and jackets, cannot contain inappropriate writing or pictures, including references to violence, alcohol, drugs, sexual matter or gangs. In addition, items of clothing with slogans that threaten or intimidate victims or witnesses will not be allowed;

For safety reasons, clothing with predominant colors that could be interpreted by others as symbolizing gang association shall not be worn. Other items, including tattoos and symbols that are associated with gang activity shall not be displayed.

More (Kinston Free Press - NC 08.18.2006). Durham courts follow lead of NBA - Judge Hlophe speaks out on courtroom dress & decorum - Contemptuous courtroom attire? What's so bad about shorts & tube tops in courtroom? - A nostalgic look back at another instance of judicial stickling. Some links on judicial fashions. See, On judicial swimsuits & the Rules of Judicial Conduct - Judge-endorsed BurtLaw Bench Pants - BurtLaw Super-Privacy Robes - Courthouse Fashion, part III: Judges voice objection to some lawyers' attire - Courthouse Fasion, part II: The Viking influence on judicial fashions.

Gotti sings 'Happy Birthday' to judge, mom sends praises to another judge. a) "The racketeering trial of [John 'Junior" Gotti,] the son of an infamous New York mafia boss, was interrupted yesterday so that he could sing Happy [60th] Birthday to the judge[, Shira Scheindlin]. Members of the defence and prosecution teams were said to have joined in the singalong." More (Guardian Unlimited 08.18.2006). Gotti and Scheindlin have gotten to "know" each other well; Scheindlin presided over two previous Gotti trials that resulted in hung juries. Id. b) "In a letter to U.S. District Court Judge Jack Weinstein, Victoria Gotti said he'd restored her faith in the justice with his 'tremendous amount of courage' in setting aside the murder convictions of former New York detectives Louis Eppolito and Stephen Caracappa last month. A jury had found the two had participated in eight gangland slayings while still on the job...." More (Monsters and Critics 08.17.2006). Comments. We sense the plot of a feel-good Broadway musical coming on, in which there's a crowd-pleasing finale in which Mob defendants, judges, prosecutors, defense attornies, gun molls, flappers, court reporters, etc., form a chorus line, kicking up their heels in unison while singing, "Just-Us, Just-Us,/ coming together to sing,/ 'Justice, Justice,'/ Spell it any way you want/ it's all the same to us/ Just-Us. Just-Us...."

Officer accused of shooting off mouth about judge in hall outside court. "Lorain police Sgt. James Wolford is accused of using profane language and being disrespectful in a Lorain Municipal Court hallway on May 17. Wolford appeared before police Chief Cel Rivera yesterday for a predisciplinary hearing. According to Municipal Court Judge Mark Mihok, Wolford ''began yelling and screaming at the prosecutor and using extreme vulgarities'' in reference to Mihok when Wolford arrived in court and found out a defendant's attorney had requested a one-day continuance...." More (The Morning Journal - OH 08.18.2006). Comment. We hate to see discord in the "courthouse family." If John "Junior" Gotti can sing "Happy Birthday" to Judge Scheindlin and Gotti's mom sing the praises of Judge Weinstein, then can't we, too, all get along?

Public oversight of courts urged. "The Pennsylvania Supreme Court should be a transparent body whose internal rule-making and justices' actions are done in the open and under public scrutiny. Those are just two of the suggestions offered by Duquesne University law professor Bruce Ledewitz in his platform for reform of the state's highest court...." More (Pittsburgh Post-Gazette 08.18.2006), and more (PhillyBurbs 08.17.2006). Comment. Just this brief squib for now. We've obtained a copy of Professor Ledewitz' "platform" and will be reading it and summarizing his important proposals later.

The OC -- Special Judicial Edition. "The state has [publicly admonished] an Orange County judge[, Superior Court Judge Pamela L. Iles,] for the fourth time, the latest after she threw a man in jail and denied him bail without giving him a chance to respond to the charges...'No reasonable or reasonably competent judge would assume or conclude that he or she could summarily incarcerate an unrepresented defendant, in the manner Judge Iles did here,' the commission wrote. Iles has twice received advisory letters from the commission for improperly handling cases. In 2004, she received a more severe private admonishment...A 10-year judicial commission study found that only 3.6% of judges who were reprimanded had three or more prior disciplinary actions against them...." More (L.A. Times 08.17.2006).

Judge's 'bizarre whim.' "A troubled Lowell[, MA,] mom's ability to reel off the first line of the Pledge of Allegiance, on a judge's bizarre whim, has wiped clean her debt to society. Lowell District Court Judge James McGuinness Jr. made the outlandish offer Monday to erase Grimary 'Mara' DeJesus' overdue court fees if she could recite the Pledge...The 10th-grade dropout has a criminal history of assaults and resisting arrest. She was in front of McGuinness on Monday asking for an extension to pay off the $250 she owes the state...." More (Boston Herald 08.17.2006). Comment. Perhaps the state could collect money to help raise judicial pay by selling "Judicial Pull Tabs," with prizes ranging from $10 off any fine to complete exoneration from any felony charges.

Board dismisses complaint filed over judges' controversial winter retreat. "The [MN] state board that oversees how money is spent on elections dismissed a complaint Wednesday against state judges for using taxpayer money to discuss judicial elections during a retreat earlier this year. Attorney Greg Wersal of Golden Valley accused the 25-member Minnesota Judicial Council -- the administrative body of the state's judicial branch -- of using $3,000 to coach incumbent judges on how to win elections during the February retreat...[T]he board said [it] had no jurisdiction over the Judicial Council...'They didn't rule on the (complaint's) merits,' Wersal said...." More (St. Paul Pioneer Press 08.17.2006). Comments. We're glad Mr. Wersal raised the issue, for reasons we explained in a detailed intial posting on the complaint: Did MN judges use public funds for lessons on how to get re-elected? We weren't surprised at the substance of his revelations, given the MN Judicial Establishment's near-hysterical response to the judicial free-speech decisions of the U.S. Supreme Court and the Eighth Circuit. The attitude reflected in that response more recently has been made manifest in the establishment of the so-called "Quie Commission" or "Citizens Commission" on how to address the "sky-is-falling crisis" created by the judicial free-speech decisions. We've also been critical of the commission. See, in sequence, a) MN's 'establishment' still upset by S. Ct.'s judicial free speech decisions. b) MN's judicial 'power elite.' c) The 'Citizens Commission.' d) A debate on judicial campaigns. We're, of course, also not surprised by the Campaign Finance Board's action dismissing Mr. Wersal's complaint, any more than we were surprised by the Board of Judicial Standards' dismissal of the two complaints, one by Mr. Wersal and one by another attorney, filed against the MN Supreme Court Justices in re the "he said/ she said" controversy last winter involving Senator Johnson and alleged extra-judicial statements on the topic of same-sex marriage. Postings on Mr. Wersal's complaint against MN Supreme Court Justice. a) Minnesota's he-said/she-said controversy: Is somebody necessarily lying? b) Updates on MN's he-said/she said controversy involving senator, justices. c) Mn Bd. to investigate all seven supremes. d) MN Board of Judicial Standards says supreme court did no wrong. Other related postings on judicial retreats and junkets. a) No belt-tightening for New Orleans judge traveling on public's money. b) Revelations about those junkets for federal judges. c) Judicial 'Educational' Junkets. d) Judges huddle in high style on taxpayers' money. e) Judicial junk-science junkets. f) The 'Wacky Courthouse' playground as alternative judicial retreat. g) Will Senator's response to junket exposé affect judicial junkets? h) Three Senators want to end judicial junkets. i) Judicial privileges. j) Some judges are more judicious in spending. k) Judges of troubled court head for the beach for 'education.' l) The annual convention of the state chief justices.

Sitting judge criticizes Democrat candidate for governor in MN. "Attorney General Mike Hatch[, who is the DFL-endorsed candidate for Governor,] and [William Leary,] a Ramsey County district judge[,] are trading accusations of improper conduct concerning a pair of consumer protection cases. The two are headed for a courtroom showdown over Hatch's claims that the judge has mishandled the cases and should be removed. The judge has accused Hatch of improperly telephoning him about the cases and suggesting that a TV news crew was about to look into them...." More (Mpls. Star-Tribune 08.17.2006). Comment. Hatch denies wrongdoing but admits calling the judge, which is generally a "no-no" when done ex parte by a party concerning a case pending before the judge. Update. Hatch is wrong about call, judge says (St. Paul Pioneer Press 08.23.2006) ("A Ramsey County District Court judge took on Minnesota's top law enforcement officer again Tuesday, challenging Attorney General Mike Hatch's version of their....").

PA judge says another woman struck her on street. "Location, location, location. Police said Common Pleas Judge Lisa Richette was punched in the head yesterday by another woman on 20th Street near Spruce -- the third time the longtime judge has been assaulted in the same Center City area. Cops said the attack occurred shortly before 1:30 p.m., when a woman in her late 20s or early 30s jumped out of her vehicle, reached into Richette's Chrysler PT Cruiser and punched the 77-year-old judge in the side of the head. The attacker fled after throwing the punch. Richette...told television reporters that she was attacked while she waited for her son to rent a movie from Video City, on S. 20th Street at Panama. 'Out of nowhere, I feel this absolutely terrible blow to my head. I turned and there she was, and she said, 'You bitch, you bitch, I know who you are, Judge Richette! Come out and fight me!'" More (Philadelphia Daily News 08.17.2006). Comment. If the old saw about "things happening in three's" is true, Judge Richette need no longer fear being assaulted in the City Center area. Update. Police arrest woman in punching of judge (Philadelphia Inquirer 08.18.2006).

Sitting justices survive primary election in NV. "Two incumbent Nevada Supreme Court justices were the leading vote-getters in Tuesday's primary, and will face two district court judges as they fight to retain their seats in the November general election...." More (Reno Gazette-Journal 08.17.2006).

South Korea's prexy names first woman to head top court. "President Roh Moo-hyun has nominated the first female judge for the post of chief justice of the country's Constitutional Court. If cleared by parliament, Chon Hyo-suk will head a nine-member top court...." More (All Headline News 08.17.2006). Comment. Will Korea's high court be a "happier" court as a result. One country's chief justice probably thinks so. See, Female chief says female judges make courts 'happier' places to work.

Pigeon Redux. "A complaint about health risks from pigeon droppings has Columbiana County Commissioners talking again about ways to empty the Courthouse roost...[A] group of Sheriff's Office employees led by Sgt. Kenneth Biacco Jr. attended the commissioners' meeting and raised the pigeon issue...The pigeon problem has been perplexing commissioners for years, with a variety of methods attempted in the past, including compact discs hung from strings from the bell tower railing to create a shiny reflection. They also tried a sound device. [T]he commissioner in charge of buildings and grounds, said this time they'll install spikes on the railings and a sticky gel on the stone ledges. If those methods don't work, they'll check into power washing the building and looking for another way to get rid of the birds....." More (Salem News - OH 08.17.2006). Earlier. Emergency award of $1.8 million to clean up courthouse bird doo (with erudite commentary). Comment. The thing is, pigeons and courthouses go together like love and marriage -- "You can't have one without the other." We bet they were peeking through the windows of Constitution Hall in Philly way back when.... Were there any American Eagles expressing a similar interest? We think not. Perhaps, therefore, we ought to revere pigeons, the way some people revere cattle in India. Just a thought....

Judge committed error in delaying verdict to attend ballgame. "The state Commission on Judicial Performance publicly admonished Riverside County Superior Court Judge Paul E. Zellerbach on Tuesday for refusing to return from an Angels playoff game to handle a verdict in a murder trial and turning down the attorneys' request to allow another judge to receive the jury's verdict...Zellerbach told the commission that he should have allowed another judge to handle the verdict. Six members of the commission voted for public admonishment, and four voted for a private admonishment." More (L.A. Times 08.16.2006). Comment. With the BurtLaw Porta-Courthouse, the judge could have had his ballgame and received the verdict. With our wireless digital technology and our instantly-inflatable, soundproof "courtroom," the judge could have set up shop on a ramp, received the verdict remotely, polled the jurors, thanked them for their service, and returned to his seat in under 15 minutes. The cost? Only $1,999.99.

State fair judging - textualists, traditionalists, positivists, Stewartians, etc. "Cooking competitions still thrive on the nation’s fairgrounds...But some traditional skills, like canning vegetables and preserving meat, are falling away. Taking their place are ambitious new categories, like ones for bagels and biscotti, that would have surprised fairgoers a generation ago. Summoning skills they did not need before, judges in Iowa are critiquing ostrich entrees this week alongside the apple pies and the pork barbecue they have long encountered...." Pickles, pies and blue-ribbon biscotti (N.Y. Times 08.16.2006). Comments. This is an interesting piece on trends in cooking competitions at state and county fairs around the country, with some interesting tid-bits about competitors' strategies, including category-shopping, second-guessing of judges, etc. One successful competitor is quoted saying, "You want to look for categories that the regulars might not enter." He opines that if you want to win best-in-show, not just best-in-category, you need to enter the pie category, because, like most of us, "The judges love pie." Who are the judges? It varies: "In the more rigorous programs, judges are still home economics teachers or food science faculty members; elsewhere, local television hosts or restaurant owners fill in." What standards do the judges apply? It varies: Many state fairs, like Missouri's, make available "specific written standards that competitors should aspire to. Cakes 'should be light, with fine, even texture, moist and velvety but not sticky.' For yeast breads, 'flavor should be pleasant with bland nutlike flavor.'" Some fairs require judges not just to award ribbons but to give a "written critique of each entry that will help competitors correct their mistakes." One prominent judge says she's

"unswayed by frills" and her rules "prohibit decorative hats on jars of canned food, cookies more than three inches in diameter and all postbaking toppings, like frostings, glazes and even a dusting of confectioners’ sugar" by which competitors try to "hide [their] sins." Stay tuned for some thoughts on the extent to which the various schools of common law judicial interpretation are represented in state and county fair cooking competitions, etc.

Appeals court upholds order to take down 'Courthouse Bible' display. "A Bible must be removed from a 50-year-old monument in front of a county courthouse because a district judge changed it from a secular to a religious use in violation of the Constitution...the 5th U.S. Circuit Court of Appeals said in a 2 to 1 decision. Although secular in

purpose when it was erected in front of the old civil courthouse in 1956, former state District Court Judge John Devine and his court reporter, Karen Friend, changed the character of the monument when they refurbished it in 1995, the majority said in a 24-page opinion...Circuit Judge Jerry E. Smith disagreed with the opinion by Judges E. Grady Jolly and Patrick E. Higginbotham, writing in his 15-page dissent that, 'The panel majority exhibits an appalling hostility to any hint of religion in public spaces.'...The county will likely ask for an en banc review by the entire Fifth Circuit...." More (Houston Chronicle 08.16.2006).

Bar Council seeks review of 1988 sacking of three judges during crisis. "The Bar Council has called for a review of the 1988 sacking of three top judges during Tun Dr Mahathir Mohamad's administration. Its president Yeo Yang Poh said in a statement that an impartial re-examination of the attack by the Executive on the judiciary was necessary to restore the honour of the judges who 'for no more than asserting their independence were so cruelly sacrificed at the altar of political power play.'" More (Malaysia Star 08.16.2006).

Stalking the judge. "A Bartlesville man has pleaded no contest to charges stemming from harassing a local judge. Joseph Murray Looney, 69, pleaded no contest to charges of stalking before Special Judge John D. Gerkin Monday. The charge came after a series of incidents involving Associate District Judge Curtis DeLapp...According to the probable cause affidavit filed in the case, Looney called DeLapp at home on June 14 and stated, 'God is going to fry you in hell for your criminal illegal decisions, you (expletive) pig.' He also was alleged to have called the Washington County Courthouse stating that DeLapp was a 'Nazi judge' and that he is going to 'fry in hell.' The next day, on June 15, Looney was seen by at least one witness standing across the street from the courthouse in front of the First United Methodist Church yelling, 'Lie in hell you satanic pig DeLapp.'" More (Bartlesville Examiner Enterprise 08.16.2006). Related. Man 'flipped off' judge (N.W. Indiana Times 08.16.2006). Man threatened to eat judge's liver (Oregon Live 08.16.2006). Jury finds man not guilty of threatening judge (Gwinnett Daily Post 08.17.2006). Comment. There is a way "Looney" could have told the world he didn't like Gerkin. Peaceful, civil, non-threatening picketing outside a courthouse in protest of this or that is protected by the First Amendment and ordinarily is not subject to criminal prosecution. Cf., Protester at courthouse says judicial system is unfair to black men (Orlando Sentinel 08.17.2006).

Is it o.k. to run for two judicial positions at the same time? "In a split vote, the state Board of Election Commissioners allowed two chancery judges to seek re-election this fall while running at the same time for an open seat on the state Court of Appeals. Gov. Haley Barbour cast the only 'no' vote in the 2-1 decision...Attorney General Jim Hood and Secretary of State Eric Clark voted to allow the dual candidacy. They said there is no prohibition in state law...[Clark said to the other two, 'W]]hat I plan to do is I plan to go to the Legislature in January, and I invite both of y'all to go with me and let's say make it real clear that nobody can run for more than one office at one time in Mississippi.'" More (Jackson Clarion-Ledger 08.16.2006). Comment. Y'all do that. And remember, it's a point of law: if it ain't prohibited, why it's allowed.

Should lawyers be allowed to skip courthouse security screening? "Morgan County Sheriff Greg Bartlett plans to give courthouse employees and lawyers the privilege of bypassing courthouse security screening...Commissioners Stacy George and Richard Lyons say they oppose creating a select group...After the meeting, George said he plans to talk to Bartlett because he does not have the authority to excuse anyone from going through security...'The lawyers shouldn't be favored over others in the general public, neither should the county employees,' George said. 'I don't mind going through screening, and I think it's good for not only employees but for elected officials because sometimes they might have a bad day.'" More (Decatur Daily 08.16.2006). Comment. Hmm. I wonder what he meant by that last remark. We generally oppose "judicial privilege" in matters like access to flu shot, exemption from rules against smoking in the courthouse, etc. See, Judicial privilege - Judges ask to smoke despite smoking ban (and comment). There are multiple factors involved in deciding whether to allow certain people -- say, all pre-screened courthouse workers -- to bypass screening. If I were a judge, I would feel more secure -- and more comfortable as an egalitarian -- if everyone were screened, but that's just me. One the subject of whether only judges should be exempt, see, Who gets to use courthouse side doors, who gets fined? Update. Editorial: courthouse screening should be required of everyone (Decatur Daily 08.17.2006).

'I'll be a policeman again, but in the courthouse.' "Dueling ethics complaints, partisan rallies and even a lawsuit: Breaking with the tradition of polite judicial races, the campaign to unseat Palm Beach County Circuit Judge Arthur Wroble has been anything but boring. The three candidates -- Jerald Beer, David French and Kenneth Lemoine -- came out swinging early, with two making it clear the Sept. 5 election is a referendum on a first-term jurist they claim is incompetent...." More (Palm Beach Post 08.16.2006). Comment. a) Judge Arthur Wroble. i) Groups opposing him: Families Against Court Travesties (members say he "stomps on the rights of people in divorce cases"); National Organization for Women. ii) Lemoin on Wroble: Lemoine is filing a complaint against Wroble for claiming he is a veteran of Operation Desert Storm, "accusing Wroble of trying to fool voters that he was on the battlefield in the Gulf War when he was actually in Fort Stewart, Ga." Wroble says he hasn't misrepresented his service. iii) French on Wroble. French is quoted as calling Wroble "absolutely atrocious." iv) 'The Bar' on Wroble. There are 6,000 lawyers in Palm Beach County. In 2005 the bar association surveyed them about judges' performance. Fewer than 300 evaluated Wroble. Of these, 68% gave him low marks for "knowledge of the law." Wroble says the results are "statistically invalid." [Note: With my background in statistics, I'd need more info before I'd weigh in on that.] b) Jerald Beer. Beer has specialized in tax and probate matters, has worked as an arbitrator, and has served as a $25-an-hour traffic hearing officer. i) Abramson on Beer. He has filed a suit to get Beer's name removed from the ballot, claiming Beer's continued work as a traffic hearing officer violates the state's "resign-to-run law." ii) French on Beer. French has filed a complaint claiming Beer has misleadingly described himself as a traffic court "judge," but Beer denies he has misled anyone. French also has dissed Beer for not being a litigator. He's quoted as saying, "He may know where the courthouse is, but he doesn't know where the courtrooms are." c) Kenneth Lemoine. Lemoine worked as a West Palm Beach police officer for seven years; he graduated from law school in 1996 and has a general practice. Lemoine points out that he is the only candidate who has worked on "all sides of the law" [how many are there?] and is quoted as saying, "I'll be a policeman again, but in the courtroom." French on Lemoine. French says Lemoine "simply isn't seasoned enough for the bench." d) David French. French is a civil trial lawyer in Boca Raton. He says, "I have been fighting in the trenches for individuals for 25 years." A local chapter of NOW has endorsed him. e) The big bucks. Wroble has raised $79,000, $50,000 from his own pocket; Beer, $106,000, $50,000; Lemmoine $66,000, $26,500; French, $162,700, $130,000. By comparison, when I stood for the office of chief justice in MN in the general election in 2000, I accepted no contributions and limited my expenses to under $100; my opponent, the then sitting chief justice, accepted contributions of between $120,000 and $130,000. She won by a 3 to 1 margin but has since resigned. I don't recall either of us saying a bad word about each other. Update. Beer allowed to remain on ballot (Palm Beach Post 08.18.2006). Ruling secures Beer's place on ballot (Palm Beach Post 09.02.2006). Judge reaffirms ruling allowing Beer to run (Palm Beach Post 10.14.2006).

Even better than the Great Missouri Plan? "Chris Buttars -- the state senator who last session championed instruction on divine intervention and banning gay clubs at schools -- now proposes giving him and his Senate colleagues the power to fire judges whose rulings they don't like. The current judicial retention election, in which Utahns vote to keep or get rid of a judge, is inadequate, the West Jordan Republican contends. Every judge 'should have to pass a Senate confirmation vote again' when his term comes up, he said. 'That is the only way to make the public aware of some of these terrible decisions...I don't know where some of these decisions are coming from. Some judges just go in there and wing it,' Buttars said...." More (Salt Lake Tribune 08.15.2006). Comment. MN's system of judicial selection occasionally -- indeed, very rarely -- results in an attorney filing to run against a sitting judge whose term is expiring; when that rarity occurs, the voters almost invariably "re-elect" the sitting judge, not atypically by a margin of, say, 3 to 1. Notwithstanding this history, the MN Judicial Establishment, in an almost hysterical over-reaction to the recent "judicial free speech" decisions of the U.S. Supreme Court and the Eighth Circuit, is toying with the idea of proposing an amendment to the MN Constitution to substitute the so-called "Missouri Plan" (misnamed "merit selection"), which provides for periodic retention elections. See, A debate on judicial campaigns and comments and embedded links. Supporters of the Missouri Plan believe it will better insulate sitting judges from removal for unpopular decisions and thereby enhance judicial independence. They should be careful what they wish for. Last year in Pennsylvania, people angry over judicial pay raises targeted two Pennsylvania Supreme Court Justices who were up for retention and succeeded in removing one of them and almost removing the other. See, Justice loses retention election. It is because of instances like this that many judges around the country prefer the possibility of facing a specific challenger in an election to the Missouri Plan's retention elections. They reason that some (many?) voters might vote no in a retention election as a kind of protest against judges in general whereas those same voters might favor the incumbent if faced with a choice between him/her and a specific opponent with identifiable flaws of his or her own. In other words, the retention system may present a far graver threat to judicial independence than MN's benign system of elections. And as the above linked story suggests, adoption of a system of retention elections may be just a step down the slippery path toward adoption of a system of periodic retention votes by legislators, a far, far graver threat to judicial independence than MN's relatively benign system.

U.S. better on Potter than Blair, Seven Dwarfs than nine Supremes. See, Results of Zogby Poll. "There was a similar disparity between the 74% who could name the three members of comedy act the Three Stooges -- Larry, Curly and Moe -- and the 42% who could correctly name the three branches of the U.S. government -- judicial, executive and legislative...." More (BBC News 08.15.2006). Comment. But some might say that if you know Larry, Curly and Moe, you know all you need to know about the guys who run our country.

Judge held on meth charge. "An Alabama judge was jailed on methamphetamine possession charges Tuesday in the same Mississippi town where his wife was arrested earlier this year on similar charges. Ira D. Colvin, a district judge from Pickens County, Ala., was arrested Monday afternoon by police investigating suspects who were believed to be traveling store-to-store purchasing ingredients for the drug, said sheriff's officer Ivan Bryan...." More (Biloxi Sun Herald 08.15.2006). Comment. The good judge is presumably innocent. We do not suggest otherwise when we say that if you want to read a good novel written by a judge about a judge who uses drugs, etc., etc., try Martin Clark, The Many Aspects of Mobile Home Living (2000). Update. Judge and woman charged; judge suspended (Commercial Dispatch 08.17.2006). Judge arrested on another drug charge (08.27.2006). Judge resigns (Jackson Clarion-Ledger 09.01.2006).

The buzz on the courthouse lawn. "A German bomb from World War II has been restored and returned to the Putnam County courthouse lawn. The V-1 Buzz Bomb was hoisted back into its position on a platform near the courthouse this weekend, nearly two years after it was taken down for restorations...." More (Fort Wayne News-Sentinel 08.15.2006).

The path to judicial greatness runs through traffic court. "The traffic trials...take place in trailers adjacent to the main building in Kearny Mesa, and are conducted by newly appointed county judges. [T]hese trailers are where 'judges learn how to be judges.' When a judge is first appointed to the bench, he or she rotates through a training period at various city courts. The rotation includes a mandatory two-week stint in traffic court, which is ideal...because 'you get to wear the robes but you don’t have to face seasoned criminals.' Think of it as a practice round, where mistakes don’t matter and the justice system is incapable of completely ruining lives...[A typical traffic court trial] is over in a matter of minutes -- a piece of cake for the judges. Still, the cake is bittersweet: it can be hard to justify passing judgment on those few unfortunates caught for the type of minor driving infraction we all commit. The judge Vyuz spoke to recalls an especially compassionate fellow judge, who once said that 'she’d rather sentence a violent criminal to death than accuse an otherwise upstanding citizen of lying about running that stops sign.'" More (Vyuz San Diego 08.15.2006).

Annals of courtroom design: the 'gang-trial courtroom.' "Another super-secure courtroom for large gang-related trials was announced yesterday, months before Ontario's first such court is expected to become operational. The latest 'major crime' courtroom will be a renovation of an existing facility on Finch Avenue West. Some changes are designed to improve security, others will expand prisoners' boxes, allow for the more efficient presentation of evidence and increase space for more lawyers and larger juries...." More (Globe & Mail 08.15.2006). Comment. Is this a judicial example of the trend toward bigness that is evident in all the neighborhood "tear-downs" and erection of McMansions? Click here and here. There is such a thing as a courtroom being too small, sort of like those micro-sized movie theaters in some of the multi-plexes in which one sees Indy movies. Such courtrooms make a criminal trial seem small and unimportant, whereas a larger, normal-sized traditional Perry Mason courtroom tells the jury the drama that is unfolding is important and their task is, too. Small windowless courtrooms remind me of the sickening middle-of-the-night videotaped 1989 "trial" of Romanian President Nicolae Ceausescu and his wife Elena by a secret military tribunal, which resulted, of course, in their being found guilty of crimes against the state and their immediate execution by firing squad. On the other hand, if court-"rooms" are too large, one thinks of Fidel Castro's "Roman Circus"-like "show trials" held in outdoor stadiums after he came to power in the late 1950's. The design of a courtroom ought not suggest to jurors that the courtroom is extraordinary and specifically meant for gang members and other notorious defendants.

Judge announces new inductee to his personal 'hall of fame for murderers.' "Judge Thomas O'Keefe added Keith Foster to his own personal murderers 'hall of fame.'" More (Danbury News Times - CT 08.15.2006).

Female chief says female judges make courts 'happier' places to work. "'Since we have women on our bench, we have nicer pictures on the walls, better food in our dining room, a cake for every judge's birthday, yoga and, recently, a piano,' [Canada'