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.

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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.

Lady Mathilda (11.15.1995 - 03.25.2007). I've devoted considerable attention of late

to the care of an ailing friend, a smart and beautiful tri-color Australian Shepherd named Mathilda, who became a part of our family in late 1995. Readers of my original law blog, BurtLaw's Law and Everything Else, know her as the blog's mascot. A shared dog since April of 1996, when my ex-wife and I separated, Mathilda has been living full time here at the old homestead since last fall. For several months, as her physical condition has worsened, I've been putting her interests (and my interests in caring for her) ahead of the interests of the faithful perusers of this sorry blog. This afternoon around 5:20 I carried her outside so she could get ready for a scheduled 6:00 visit from my ex-wife. At 5:25, as I was trying to help her as she struggled, she died of heart failure -- in my arms. I feel privileged to say that she was in my arms, knowing I loved her. (03.25.2007).

Clerk resigns after fuss with judge. "Longtime city recorder-treasurer Debbie Cook resigned suddenly Friday over a dispute with Lenoir City Court Judge Terry Vann. Cook, who has been with the city for 30 years, cited 'malice and discontent' at city hall in her letter of resignation. She alleges that her dispute with Vann stems from a time she confronted him over a transfer of funds to a private organization. Vann says the issue is that the city is owed $347,000 in unpaid fines and court costs. Cook disputes the amount and described a call by the judge for her resignation as retaliat[ory]." More (Knoxville News Sentinel 03.24.2007).

Annals of judge as super-hero crime-fighter. "As County Judge Ron Flury was driving on Tharpe Street with his wife, Theresa, and 8-week-old baby, Kasey, a rock suddenly hit the windshield of his SUV about 12:30 p.m...His wife then pointed to three teenagers on the sidewalk who proceeded to throw a rock at another car, he said. He turned the car around and followed the boys [and told them to stop].The boys[, who] are 13, 14, and 15 years old...were arrested...." More (Tallahassee Democrat 03.24.2007). Comment. This story reminds us of the story of the overweight law school dean as superhero. As a student at Harvard Law School in the 1960's, we became fond of the school's great tunnel system, connecting all the class & office & library buildings. Although it was before our time, we have it on reliable hearsay that the legendary, and legendarily-large (he was Nebraska-bred), Dean Roscoe Pound once hid out in the tunnels at night & "tackled" a thief who'd been taking things from student lockers.

Chief 'rooted out' 292 corrupt judges last year, vows he won't relax. "Chief judge Xiao Yang [President of the Supreme People's Court,] has pledged to keep up the fight against judicial corruption after the nation's court system rooted out 292 judges last year because of unethical deeds...[B]eginning last year, the court introduced an 'anti-corruption deposit' system. If a 22-year-old court staff member deposits 500 yuan ($63) every year and does not do anything illegal, he will get 300,000 yuan ($37,600) upon retirement - including his premium and reward." More (China Daily 03.24.2007).

Annals of blind justice. "Richard Conway Casey of the United States District Court in Manhattan, who was the nation's first blind federal trial judge...died on Thursday. He was 74. ...Judge Casey...was nominated for federal judgeship by President Bill Clinton in 1997, 10 years after he became blind from retinitis pigmentosa, an inherited degenerative eye disease...[He] had to overcome skeptics when he took on a load of 300 to 400 cases...using computer and audio technology while studying documents and preparing to speak in court. Some questioned whether a blind judge could accurately assess the credibility of a witness he could not see...." More (NYT 03.24.2007). Comment. When I was a student at Harvard Law School in the mid-1960's, the school began admitting a number of blind students, a breakthrough at the time. One of them, Harold "Hal" Krents, who died in 1987 of a brain tumor at age 43, wrote an autobiography, To Race the Wind, which was published in 1972 and made into a CBS-TV movie in 1980. His story about being reclassified 1-A by his local draft board inspired the 1969 hit Broadway play Butterflies Are Free. Anyhow, my time at HLS overlapped with that of at least three blind students, one of whom later practiced law here in MN. I remember another one, a classmate of mine, who had a bevy of beautiful 'Cliffies who were recruited by Phillip Brooks House to serve as his volunteer readers. Many a night I'd be sitting in the huge football-field-long reading room of the library on the third floor of Langdell Hall and look up from my studies and see him walk by with one of the gorgeous 'Cliffies, heading for, I think, the Root Room. It was then I learned the meaning of true irony. Further reading. Being blind at Harvard (Harvard Crimson 01.16.1969).

Annals of judicial family law. "[Andrea Claire Fraser, 29, t]he daughter of Alberta's top judge [Catherine Fraser] has pleaded guilty to identity theft and unauthorized use of credit card data in a Vancouver court...." More (Calgary Sun 03.23.2007).

Judge's son avoids theft trial. "The son of a circuit judge entered a pretrial intervention program Friday to avoid a felony conviction on charges of stealing more than $2,000 from a golf course west of Boca Raton that had fired him...." More (Sun-Sentinel 03.24.2007).

Witness says Chief was told judges were taking bribes but failed to act. "A former Chief Justice was notified as early as 1999 that judges in Nyeri were taking bribes, but he failed to act, a tribunal heard yesterday. A witness told the judicial tribunal that advocates at the station wrote to Chief Justice Bernard Chunga complaining of the misconduct...The hearing continues...." More (The Nation (Nairobi, Kenya) via All Africa 03.23.2007).

Taipei trial judge is probed in TV host case. "The Judicial Yuan has started an investigation into a report that Taipei District Court Judge Wu Meng-liang allegedly accepted bribe from the fiancee of popular entertainer Hu Gua before he ruled that Hu was innocent of cheating on fellow mahjong gamblers. Fan Kuang-chuan, secretary general of the Judicial Yuan, said the probe is necessary to mete out penalties on Wu if he is found guilty as reported or clear his name if he is innocent...." More (China Post 03.23.2007).

NYS Bar Assn. urges upping judicial mandatory retirement age. "A special task force of the New York State Bar Association...has issued a report calling for an increase in the mandatory retirement age for New York State judges to 76. Under current law, judges of the Court of Appeals -- New York's highest court, and most trial courts must retire at age 70. The only exception is for justices of the Supreme Court, New York's most powerful trial court, who may remain on the bench until age 76 if approved in a certification process every two years starting at age 70...Ending age discrimination in the legal profession, in both the private and public sectors, is one of the top agenda items [the current president] is pursuing...Implicitly recognizing that additional reforms might be proposed in the future, the Task Force stated that 'reform should be done in stages, not all at once.'" More (Press Release - ReadMedia.Com 03.23.2007). Comment. Why not go the whole way and simply abandon mandatory retirement at any age. The proposal, which is better than nothing, is sort of like proposing to end racial discrimination in stages: "First, we'll end it against people who are of mixed race; part-Causcasian and part-something-else, then if that goes well we'll end it completely."

Judge resigns over one bad night in the big city. "The province's attorney general said the resignation of a Kamloops judge is a tragedy. Wally Oppal said provincial court Judge William Sundhu was 'a very good judge, a very popular judge and it is most tragic that one lapse on one night has led to this. I question whether a resignation was in order.' Sundhu, a 10-year veteran of the bench who grew up in Williams Lake, was arrested on Feb. 17, 2006 following a drunken altercation at a Vancouver hotel, after he made offensive and derogatory remarks to staff and guests, and was aggressive with hotel security and police when they interceded. He resigned Thursday, the same day a report on his conduct was released by Chief Justice Hugh Stansfield...." More (Williams Lake Tribune 03.22.2007). Comment. The judge is quoted as saying, "I look forward to being free of judicial strictures and working for the things I believe and for which I am passionate. I still have much to contribute to society and look forward to being a truly free citizen again." This is revelatory: a judge truly is not as free as other people. Emerson wrote: "A man must consider what a rich realm he abdicates when he becomes a conformist....What folly...to say 'Let us examine,' & purse the mouth with the wrinkles of a judge....[T]his air of judgeship is mere affectation. Even so it is with...most politicians." (Journal, 03.22.1839) Do we expect too much of judges? Are judges who never do anything wrong better judges? Might it be that, on balance, they're not better but worse in some ways? If we only want judges who strictly follow the straight and narrow, might we wind up with judges who are simply strict and narrow?

Title of press release from Texas Watch: 'Come clean, Justice Hecht.' "Texas Supreme Court Justice Nathan Hecht should reveal the names of the individuals, corporations, lobbyists, and political action committees who have donated more than $300,000 to cover his personal legal expenses, according to Texas Watch, a consumer organization that monitors the Court. According to news reports, Justice Hecht is not planning to reveal the names of those who are covering his legal expenses until July when he files his next campaign finance report with the Texas Ethics Commission. 'Individuals with cases pending before the Texas Supreme Court have every right to know who is paying Justice Hecht's personal bills and if any conflict of interest exists,' said Alex Winslow, Texas Watch's Executive Director...Winslow also raised concerns that Justice Hecht may not have complied with contribution limits imposed on judges and judicial candidates by state law. According to news reports, Hecht solicited donations of at least $20,000. The Judicial Campaign Fairness Act limits individual judicial contributions to $5,000...." More (Texas Watch 03.23.2007).

Two right-wing SCOTUS justices to teach courses at conservative law school. "Two sitting U.S. Supreme Court justices will teach intensive courses at the [Pepperdine] School of Law this summer. Justice Samuel Alito will teach a two-week course on advanced constitutional law and Justice Antonin Scalia will teach a two-day course on separation of powers and federalism in London...Like any Pepperdine faculty member, Alito will have an office, grade papers, administer an exam and receive the same stipend as a typical School of Law summer professor...[S]ome students said they lament that Alito and Scalia represent the same type of conservatism typical at Pepperdine's School of Law...." More (Pepperdine U. Graphic 03.22.2007). Articles in NYT about Pepperdine U.

Annals of courthouse vandalism: tarring courthouse steps. "A man found guilty of pouring roofing tar on the steps of the federal courthouse in downtown Louisville was ordered to jail on Thursday. Daniel L. Cobble, 54, was found guilty Wednesday of pouring 16 five-gallon buckets of tar on courthouse steps last May...." More (Lexington Herald-Leader 03.22.2007).

Ex-judge is suspended from practicing law. "[Marion Neal Cox, 58, a]n East Cleveland attorney and former acting Municipal judge [from 1999-2006] has lost his law license for retaliating against a man who called him a crook and later directing some choice name-calling of his own at two rival lawyers...The court cited Cox for three counts of misconduct, including having a man arrested and punished in 2004 while he was an East Cleveland acting judge because the man told a court cashier that Cox was a crook...Cox was also cited for an altercation following a pretrial hearing in 2005 in which he -- acting as a private attorney -- called two rival lawyers 'pathological liars' and taunted them with loud profanities and racial slurs, according to court records...." More (Cleveland Plain Dealer 03.22.2007).

Judges are slow to disclose trip perks. "A new requirement that federal judges promptly tell the public about their expense-paid trips has so far produced no disclosures, a judicial ethics watchdog group said Wednesday. The change took effect Jan. 1, requiring sponsors of trips to report in advance who is paying for judges' travel and lodging at private seminars. The information is supposed to be made available quickly to the public. Then, within 30 days of the end of each trip, judges must file a report about it. Local court Web sites will have the information...." More (Centre Daily Times 03.22.2007).

Former district judge pleads guilty to obstruction. "A former district judge pleaded guilty in federal court to instructing someone to lie to a grand jury about a bribe. Ernest L. Marraccini, 62, who was district judge in Elizabeth, pleaded guilty Wednesday to obstruction of justice...[for] trying to get a witness -- an FBI informant -- to provide false information about a trip Marraccini took in July 2001 to Nassau, Bahamas [that was given to him] in return for his support for an alternative housing facility the witness wanted to build...." More (PennLive 03.22.2007).

German judge under fire for citing Koran in denying divorce. "A German judge has come under fire for her refusal to grant a divorce to a Muslim woman beaten by her husband on the grounds that marital violence is condoned by the Koran. Politicians, Muslims and legal experts have criticized the judge's remarks, which came in a letter denying the 26-year-old mother-of-two a fast-track divorce from her Moroccan husband...." More (Monsters and Critics 03.22.2007).

Actor Woody Harrelson's dad dies; was convicted of killing judge. "Actor Woody Harrelson's father, Charles Harrelson, [69,] died of a heart attack in the Supermax federal prison where he was serving two life sentences for the murder of a federal judge, officials said today...Harrelson was convicted of murder in the May 29, 1979, slaying of U.S. District Judge John Wood Jr. outside his San Antonio, Texas, home...Wood, known as 'Maximum John' for the sentences he gave in drug cases, was the first federal judge to be killed in the 20th century...." More (The Coloradoan 03.21.2007).

Board recommends censure of 'habitually rude' judge. "Mark Badgett, a District Court judge for Surry and Stokes counties, should not be removed from office but should be publicly condemned for misconduct, the N.C. Judicial Standards Commission recommended this week...Badgett was accused of not disclosing a business relationship with Clark Dummit, a Winston-Salem lawyer, who rented a building in King from him. He also was accused of giving Dummit preferential treatment in cases. The commission said it did not find any evidence that Badgett gave Dummit preferential treatment, but it did find problems with the way Badgett handled the situation. It also found that Badgett 'has been habitually rude and condescending to those who appear before him in court.'" More (Winston-Salem Journal 03.21.2007).

Judge pleads guilty to violating open-bottle law. "A St. Clair County judge[, Judge Jan Fiss, 64,] was ordered to spend two months under court supervision and pay a $500 fine after pleading guilty to illegally transporting alcohol...[The prosecution] stemmed from an auto accident last December that resulted in a drunken-driving conviction against another judge[, Circuit Judge Patrick Young]...[T]he men were returning to Belleville after attending a St. Louis Rams football game, when Young's sport-utility vehicle collided with a pickup truck driven by a Swansea man, injuring that driver. Police said Fiss was seen by an officer dumping out a beer after the crash and trying to hide a beer can...." More (Belleville News-Democrat 03.21.2007).

Judge dies while hearing case. "A longtime judge in our area has died, while hearing a case Wednesday morning. Retired Montgomery County Circuit Court Judge L. Leonard Ruben[, 81,] was on the bench, hearing a traffic case in District Court in Silver Spring. The cause of death is still undetermined, but it appears Ruben may have suffered a heart attack...." More (WTOP 03.21.2007).

Competition for year's 'biggest political plum' is under way as judge retires. "The competition for the year's biggest political plum is under way with the official announcement that Jackson County District Judge Charles Falahee Jr. is retiring. Falahee said Tuesday he will retire May 1 and has agreed to work through June 15 under contract. He will turn 55 on April 15. [Michigan] Gov. Jennifer Granholm[, a Democrat,] will appoint his replacement this spring...'Typically, it's a political appointment[,' said Falahee]. Republicans can apply, but it's understood the next judge will be a Democrat...." More (MLive 03.21.2007). Comment. The paper gets it right: a judicial appointment is a "plum" and it's a "political" plum, which is why we like "the Minnesota Plan," as opposed to "the Missouri Plan." In the MN Plan, as in Michigan, the governor temporarily fills vacancies for around two years but any attorney may run for the full six year term in the next election. The right to select judges for full six year terms (as opposed to the MO Plan's right to merely reject those thought to be incompetent) thus remains ultimately with the people, where it belongs.

Judge's ex parte 'coaching' of lawyer in divorce case broke the rules, jury in criminal trial is told. "The videotape shows two lawyers, a veteran and a younger man, discussing strategy in a divorce case...There are very big problems with this scene, prosecutors say. The older lawyer is the judge hearing the case. The younger lawyer, who plied the judge with free meals and drinks for years, was meeting privately with him in his chambers. The wife's lawyer was nowhere in sight. The surveillance tape, made in 2003, was played for jurors in Brooklyn yesterday at the trial of the former State Supreme Court justice, Gerald P. Garson, who is accused of taking bribes...." More (NYT 03.21.2007).

Michigan Supreme Court judge assails her colleagues. "Dissident Michigan Supreme Court Justice Elizabeth Weaver issued another broadside against four of her [six] colleagues on the court late Tuesday, accusing them of abusing the process by which the court publishes minutes of its administrative proceedings. Weaver issued a 24-page memorandum she described as a dissent to minutes approved by the court on March 14, and attached a letter to Gov. Jennifer Granholm and the Legislature renewing her request for a review of what she calls abuse of power by the court majority...." More (Detroit Free Press 03.21.2007). Comment. Some might criticize Judge Weaver and say she's airing the court's dirty laundry in public. But if there is dirty laundry, that's exactly where it ought to be aired. The people are the ultimate sovereigns; if the allegations are true, the people deserve to know.

Child's arrest becomes issue in judge race. "Two lawyers who are challenging District Attorney Diane Gibbons for a county judge seat in the upcoming election are criticizing her decision to send a 10-year-old Plumstead boy to juvenile court for allegedly burglarizing the home of one of her senior staffers...Both said Gibbons' involvement in the case was a conflict and accused her of milking the alleged crime for publicity...." More (Philadelphia Intelligencer 03.21.2007).

Judge says his relationship with 16-year-old girl was 'platonic.' "A showjumping judge who allowed a talented 16-year-old rider to live with him against her parents' wishes insisted yesterday the relationship is platonic and denied he brainwashed her. Peter Rowe, 57, described Sam Staples as a 'lodger,' despite admitting he allows her to stay at his remote farmhouse rent-free...[The parents,] who moved from South Yorkshire to Lincolnshire to help to further Samantha's riding career, [said,] 'He's used his position as a judge to get to her'...A spokesman for Lincolnshire Police said the girl involved was 16 and has not made any allegations. 'We will not be conducting an ongoing investigation.'" More (Yorkshire Post 03.21.2007).

Dahlia Lithwick on oral arguments in the 'Bong hits 4 Jesus' case. "It's hard to imagine that the students of America will be better served by giving their educators the ultimate gateway drug: the apparently limitless power to define their 'educational mission' in any way they please in order to suppress any and all student speech that doesn't conform. That kind of power strikes me as more addictive, and even more dangerous, than any drug." More (Slate 03.20.2007).

Move to end mandatory retirement of judges in N.Y. gains momentum. "New York Gov. Eliot Spitzer said he wants to review the state Constitution's 150-year-old mandate that most judges retire at the end of the year in which they turn 70. Just after attending a swearing-in ceremony Monday for Chief Judge Judith S. Kaye to a term that will end when she is forced to step down on Dec. 31, 2008, Spitzer said in an interview that leaders in private industries and professions 'are wondering whether rules of that sort make any sense. I'm serious about it,' he said. 'I think it's an issue we should put on the table.'" More (NY Law Journal via Law.Com 03.21.2007).

'I'm in charge.' "The first day of former Qwest chief executive Joe Nacchio's trial ended Monday with little doubt that U.S. District Judge Edward Nottingham is in charge. Nottingham scolded the defense, issued warnings to reporters and buzzed through jury selection with good-humored questioning that occasionally drew laughter from spectators and even the defendant...." More (Denver Post 03.20.2007). Comment. Have you ever seen a headline at the start of trial suggesting the judge left doubt as to who was in charge?

Judge who's been 'friend of underdog' is charged with smoking pot in park. "Broward Circuit Judge Lawrence Korda is facing a misdemeanor charge of marijuana possession after city police officers said they busted him for smoking pot in a Hollywood park Sunday afternoon. The judge played a role in the Anna Nicole Smith case when he briefly handled a small part of the paternity battle over the former Playboy centerfold's infant daughter. Korda, 59, was not arrested but was issued a notice to appear on April 26 in the satellite courthouse in Hollywood...The officers did not know who Korda was until they asked his profession. 'He at no time asked for preferential treatment,' [an officer] said." More (Sun-Sentinel 03.20.2007). Comment. I point no finger. I believe it is good for a man or woman of justice to have some personal experience, even vicarious, with wrongdoing. Sir Thomas Noon Talfourd wrote, "Fill the seats of justice with good [people], not so absolute in goodness as to forget what human frailty is...." I was delighted, not ashamed, when I unearthed the old news story detailing that in the summer of 1916 my dad's maternal grandfather, 69-year-old Carelius Johnson Myhre, a Norwegian immigrant shoe man, was caught running a blind pig in his son's barber shop in Austin, MN. But I was saddened when I learned that the stress of the arrest and the proceedings leading to his pleading guilty triggered a fatal heart attack. Our late Chief Justice, William Rehnquist, acknowledged in a speech in 2001 to some Swedes that one of his Swedish ancestors in the 17th century "was executed for having embezzled funds from an estate for which he was the steward." See, The scandalous past of Bill Rehnquist! Generalizing from the particulars, one might say that the difference between Swedes and Norwegians back then was that Swedes executed people caught embezzling whereas Norwegians caught selling booze illegally felt so guilty they died.

Brooklyn judge's bribery trial kicks off. "The ex-wives club whose members say they were betrayed by a disgraced Brooklyn divorce judge finally got some revenge yesterday when he went on trial on charges that he took bribes to fix cases. 'I want the judge to sit in jail for every year that I don't see my sons,' said Sigal Levi, who is expected to testify how suspended Supreme Court Justice Gerald Garson gave her two eldest sons to her ex-husband, who later pleaded guilty to paying a $10,000 bribe to a middleman to get them...." More (N.Y. Daily News 03.20.2007).

Know any judges who are good at appearing to be humble? "I'm as capable as anyone of manipulative self-deprecation. It's obviously a ploy, but I don't think it's an obligation. I do think I have the reputation increasingly as someone who is insufferably arrogant. I don't want to be." -- Novelist Lionel Shriver, an American novelist who lives in London, on her having "violated the British law of self-deprecation by boldly declaring that she had wanted her book to win the [Orange P]rize," a literary prize open only to female authors. More (NYT 03.19.2007). Comment. I like her refusal to be falsely modest, manipulatively self-deprecating. As I've said before, I'm wary of judges and other people who, when speaking of themselves, toss about terms like "modesty" and "humility." My fellow Norwegians are good at it and it irritates the hell out of me. They want you to think they're modest and humble, when deep down they really think they're pretty hot stuff. One wants to say to some of them, as Golda Meier, the late Prime Minister of Israel, said to a member of her cabinet, "Don't be so humble, you're not that great."

Surprise! -- cost estimates for courthouse were too low. "Higher-than-expected construction bids will doom the state judiciary's proposal for a Family Court courthouse and juvenile detention center in Kapolei unless the Legislature approves about $25 million more for the project this session, court officials say. Judiciary officials were hoping that the bids to construct the four-story courthouse and 66-bed juvenile detention facility would be covered by about $92 million from the $95 million approved by state lawmakers two years ago. The rest of the money is for design and other costs. But when three bids were opened March 1, one was deemed to be not responsive to the construction request, and the other two came at about $110 million. Because the state requires funding at 5 percent above the bid amount to cover unexpected increases, the judiciary would need about $25 million more, officials say...." More (Honolulu Advertiser 03.19.2007). Comment. Close enough for government?

Judge's son is accused of witness intimidation. "As the state's courts grapple with witness intimidation, the Herald has learned the son of a Superior Court judge is accused of threatening the life of a Wellesley youth to 'send a message' to the youth's friend days before the friend testified...." More (Boston Herald 03.19.2007). Comment. The judge in question is an appointee of former MA Gov. Mitt Romney.

Quote-of-the-day. "[In a democracy] it can never be unwise to acquaint the public with the truth about the workings of any branch of government...It is a mistake, therefore, to try to establish and maintain, through ignorance, public esteem for our courts." - Judge Jerome Frank.

Pakistani judges resign; call for more protests. "Seven Pakistani judges resigned on Monday over government moves to sack the country's chief judge, and the leader of an opposition alliance of conservative religious parties called for more protests. The suspension of Chief Justice Iftikhar Chaudhary on March 9 and his subsequent treatment has outraged lawyers, the opposition and many ordinary Pakistanis, and presented President Pervez Musharraf with his biggest political crisis as elections loom...." More (AlertNet 03.19.2007).

Are Judges finding law reviews irrelevant? "'I haven't opened up a law review in years,' said Chief Judge Dennis G. Jacobs of the federal appeals court in New York. 'No one speaks of them. No one relies on them.' In a cheerfully dismissive presentation, Judge Jacobs and six of his colleagues on the United States Court of Appeals for the Second Circuit said in a lecture hall jammed with law professors at the Benjamin N. Cardozo School of Law this month that their scholarship no longer had any impact on the courts. The assembled professors mostly agreed, though they differed about the reasons and about whether the trend was also a problem...." More (NYT 03.19.2007). Comments. a) When I was in law school (Harvard Law '67), Harvard had just one, the ever-prestigious Harvard Law Review, and 25 of the 500+ members of my class (the top 25 test-takers) "made" law review. Now Harvard has many law reviews, some good, like the Harvard Journal of Law and Public Policy, some not so good. Practically anyone who wants to be on "a" law review may do so. Law reviews have proliferated at other law schools, too. A sizeable number of them aren't very good, but then a sizeable number of lawyers (or judges or doctors or law profs) aren't either. b) i) It's probably true that most appellate judges around the country these days don't read law reviews. ii) Consistent with that, and sadly, one suspects a lot of them probably don't even read the transcripts in cases they review. iii) Instead, many of them delegate that task to their law clerks, to whom they also delegate the task of reading the cases cited by the parties, doing independent research, summarizing the record, preparing a bench memo, preparing a draft (and maybe final) opinion. iv) Paradoxically, the law clerks who do all this are mostly alums of the law reviews the judges don't read. This is because, although appellate judges don't read law reviews, in hiring law clerks they attach great significance to an applicant's experience in working on the law reviews that the judges don't consider worth reading (often doing menial cite-checking, etc.). c) I've been a devoted reader of law reviews since I was in law school. I was able to continue this practice by virtue of my employment as a law clerk for three years (one year in state district court and two years in state supreme court) and as aide for 26 years to state supreme court. There are many bad law reviews, but perhaps forty that I checked out whenever a new issue arrived. Of the forty, maybe twenty were very good -- and of the twenty, ten very, very good. In summer or at other times when my workload might lessen a bit, I made it a point to try read articles that would challenge my current thinking in areas of particular interest to me, as well as articles that helped to broaden my knowledge in other areas. I think that judges who don't keep an eye on the best law reviews are making a big mistake. But then I think judges who rely too much on law clerks who once worked on the law reviews the judges mistakenly think irrelevant are making a big mistake, too.

Disgraced ex-judge's farmland to be sold. "For the last four years, many residents of Downstate Cumberland County have driven past former Judge Robert Cochonour's stately second home -- and his family's 500 acres of farmland -- and seethed. They couldn't fathom how Cochonour kept these trappings of his once regal status, even after being sent to prison in 2003 for looting the $2.2 million estate of a local businessman...On Sunday [their] frustration will ease just a bit, as a federal Bankruptcy Court oversees the auction of the Cochonour family's farmland, horse barn and seven grain bins. The ex-judge's second home, which he used for entertaining, is to be sold separately." More (Chicago Tribune 03.18.2007).

Confronting the state's chief justice over the court budget. "After first postponing Hannah's planned presentation [to the Joint Budget personnel subcommittee] for 30 minutes or so, [Rep. Jim Medley of Fort Smith] was waiting in ambush for Supreme Court Chief Justice Jim Hannah and the court's budget. Medley dumped a proposal few on the committee had seen previously -- to lop fully 14 jobs off the court's 44-person payroll. Medley named specific names, including Hannah's own secretary...Hannah also got a pummeling from Sen. Steve Faris...concern[ing] the justices' annual six-week summer vacation and, moreover, the question of whether the court staff gets to knock off for six weeks at that time as well. By the account I heard from someone who was there, Hannah didn't handle the staff vacation question very adroitly...." More (Arkansas Times - Arkansas Blog 03.17.2007). Comment. The blogger suggests Medley's proposals represent "payback" over a decision he didn't like. We're not up to snuff on judicial politics in ARK.

A state run by judges? "Is our country run by judges? Is our judiciary intervening in the operation of executive and legislative authorities? Economy Minister Giorgos Alogoskoufis believes so. Judges are setting their own wages and, irrespective of budget limits, they are receiving them, even retroactively. At the moment, judges are claiming -- 1.5 billion in back pay -- a huge sum for a budget that has been under European Commission supervision and at least twice the amount earmarked for pensioners and the poor...." More (Ekathimerini - Greece 03.17.2007).

Courts will test offering trial audiotapes online. "A computer and an Internet connection may soon be all you need to hear closing arguments in a corruption trial or listen to the testimony of a mob turncoat. The federal judiciary panel has approved a pilot program to make audio recordings of court proceedings available online for free...Federal Judge Thomas Hogan, who heads the policy-making body, said it's an attempt to make court proceedings 'more inclusive and transparent.'" More (KSBW 03.17.2007).

Chief Justice warns judges not to allow themselves to be used by politicians. "[T]he Chief Justice of Nigeria (CJIN), Justice Legbo Kutigi has told judges and kadis not to allow themselves to be used by politicians to satisfy their whims and caprices. Kutigi cautioned the judicial officers not to collect bribes from politicians to pervert the course of justice...." More (The Tide News 03.17.2007).

Comment. And I suppose one could also warn legislative and executive politicians (as opposed to the judicial kind) not to allow themselves to be used by judges, not to let judges play the "judicial independence card" in order to divert attention or muddy an issue. See, Ten out of 10 pundits agree: Chief's Report on paltry pay was appalling. And voters, I say, "Don't let executive politicians get away with playing 'the judge card.'" Recommended reading. Mark Kline, Taylor Paul Tillich: Theologian of the Boundaries (Religion Online).

A Michigan judge's very expensive car. "An Arizona car auction company is suing a Michigan judge who says his car sold for too little. The 1970 Hemi 'Cuda sold for [$300,000] in January. Former owner David Clabuesch[, a 57-year-old judge in the Huron County Probate Court,] says the car should have fetched between [$700,000] and a million dollars. Barrett-Jackson is suing Clabuesch in Phoenix for 'outrageous and defamatory actions,' including chaining the car's wheels at the auction tent and putting up a sign calling its sale void...." More (WLNS 03.17.2007). Comment. For our postings on defamation suits filed by other judges and an explanation of our minority view that the cause of action for defamation, regardless of who the plaintiff is, ought to be abolished, see, Newspaper attacks $2 million libel verdict awarded trial judge; Court upholds dismissal of judge's libel suit against TV station; Illinois judges opine on judicial privilege; and Spicing up the courts.

Tales of a lonely, insecure, ethically-challenged female trial judge. In the words of an insecure female judge named Alex Cormier: "'What I really want is something with a waist,' Alex jokes about her robes; she also tries to make coffee for the courthouse staff and sneaks out to visit the groundskeeper in search of friendship. 'Could you maybe forget that I'm the judge?' Alex asks this woman, signaling that the high-school shooting case may be too much for her, professionally speaking. But Alex insists that there is no need for her to recuse herself even though her daughter, Josie, was involved in the incident. Or because Josie's boyfriend was killed. Or because Josie was the object of [the killer's] frustrated longings...." -- From Janet Maslin, After the Shooting Is Over, a review of Jodi Picoult's novel, Nineteen Minutes. More (NYT 03.16.2007).

Judge, a Bush relative, is cleared in fatal accident involving officer. "An appeals court judge was cleared of any wrongdoing Thursday in an accident that killed New Haven police officer Dan Picagli last year. New Haven State's Attorney Michael Dearington says there was no evidence that Judge John Walker Junior was driving erratically or impaired when he struck Officer Picagli at a construction site on Church Street in October, 2006...." More (WTNH 03.16.2007). Comment. Judge Walker is a cousin of President George Herbert Walker Bush, a/k/a "No. 41." President Reagan appointed Walker to the federal district court in 1985, and "No. 41" appointed him to the circuit bench in 1989. Both appointments presumably were based on merit, as of course are all judicial appointments, whether by a president or by a governor or by a "nonpartisan" board or commission.

Judge who was arrested for drunk and disorderly conduct resigns. "A B.C. Provincial Court judge has resigned after being arrested for being drunk and disorderly at a downtown Vancouver hotel bar. Balwinder William Sundhu, who sat as a judge in Kamloops, was charged after an altercation at the Four Seasons hotel in February, 2006...Although Judge Sundhu was charged with creating a disturbance, a special prosecutor decided last October to enter a stay of proceedings to allow him to be diverted to an alternative measures program...." More (Globe and Mail 03.16.2007). Earlier. A provincial judge's excellent adventure in the big city.

Judge breaks down in open court, recuses self. "Tears welling in his eyes, an emotionally choked Supreme Court judge Justice A. R. Lakshmanan on Friday refused to hear a review petition of Uttar Pradesh Chief Minister Mulayam Singh Yadav's son Akhilesh telling a shocked court that he had received an anonymous letter levelling allegations against him...'In seventeen-and-a-half years of my judicial career, I have never gone through such a thing. I am very much pained. The contents of the letter are so heinous that my wife and I are very disturbed,' he told the court...As the brother judge on the Bench Justice Altamas Kabir and senior counsel present in the court tried to comfort him and ask[ed] him to ignore the allegations, Justice Lakshmanan refused to budge...." More (Times of India 03.16.2007).

Annals of current socially-unacceptable judicial fulminations. "A judge in the Republic of Ireland has apologised for telling a court he would use a shotgun to 'blow the head off' anyone who broke into his home. Judge Sean McBride had made the comment as he sentenced a man for robbery in the border county of Monaghan...In a statement issued through the Courts Service, the district court judge said...'I was trying to emphasise my revulsion at the violation of the safety of peoples homes -- of the sanctuary of their private space...I regret my choice of language and want to make it clear that I am totally opposed to the use of guns and against all violence.'" More (BBC News 03.16.2007). Comment. Read on...

OMG! A judge is caught cussing! With kids present! What to do? "Swearing to tell the truth is required of all courtroom witnesses. But B.C. Supreme Court Justice Peter Leask did some courtroom swearing of his own this week. And his oaths had nothing to do with swearing on a Bible. 'He'd have had to have been out of his fuckin' mind to store [the cocaine] in his own locker,' Judge Leask observed, during a series of prolonged, often colourful exchanges with prosecutor Ernie Froess in a cocaine-smuggling case...Judge Leask also sprinkled in a 'what the hell,' an 'oh shit' and two 'goddamns' during his morning bantering with Mr. Froess. In and out of the court at the time was a class of young high-school students on a class field trip...." More (Globe and Mail 03.15.2007). Update. "A contrite B.C. Supreme Court judge made an extraordinary, emotional public apology yesterday for making a number of profanity-laced observations during a criminal trial this week...With a trembling voice and a catch in his throat, Judge Leask, a veteran former defence lawyer appointed to the bench 18 months ago, said that he wished 'to make an unreserved apology...I deeply regret my actions.'" More (The Globe and Mail 03.17.2007).

Annals of videotaped interrogations -- herein of camera perspective. "[M]any police departments now videotape interrogations. This should eliminate all potential for abuse, right? Wrong. Teams led by Daniel Lassiter have found that when the camera is focused on the suspect instead of both the suspect and the interrogator, people are more likely to view the confession as voluntary rather than coerced (the video the viewers saw was based on the transcript of an actual false confession). Even when a judge warns jurors of the potential for bias due to camera perspective, the bias still occurs...[Moreover, t]he study found that judges and law enforcement officers considered the suspect-focus version of the confession to be more voluntary than the equal-focus and detective-focus versions...Lassiter recommends a side-view or even a detective-view perspective to eliminate this bias." More (Cognitive Daily 03.15.2007). Comment. The Minnesota Supreme Court, as well constituted in 1994 -- see, State v. Scales, 518 N.W.2d 587 (1994) -- was a pioneer in requiring the use of electronic recording of police-conducted interrogations, both in the field and at the stationhouse. My detailed analysis of the caselaw continues to receive good play not only around the country but around the world. I continue to urge courts and/or legislatures around the country to follow the Minnesota example, with the modification suggested in my analysis. There is no good excuse for not doing so.

Judge appoints lawyers for people allegedly fired for grand jury service. "In an unprecedented action Wednesday, Chicago's chief federal judge[, James Holderman,] appointed lawyers for two grand jurors who contend they were fired unfairly from their jobs because they fulfilled their civic responsibilities. Both employers denied the firings had anything to do with the employees' grand jury service...." More (Chicago Tribune 03.15.2007).

The judge, his pregnant wife...and his married lover. "As a judge and highly successful barrister, C------ J----- M------- M----- QC is used to dealing with deceit on a criminal level. During the complex fraud trials in which he specialises, his brilliant legal mind cuts through the elaborate web of lies woven by many of those he encounters in court. Privately, however, the 54-year-old married father of seven used his intellectual agility to commit deception on a monstrous scale. Last year, having lied to his family and friends, he abandoned his pregnant wife to set up home with his married former college sweetheart." More (Daily Mail 03.15.2007). Comment. I guess I don't see why this, even if true (which we don't know), made the news in the UK.

Judge as hero of TV's '24'? "What if there was an outbreak of avian flu in Pennsylvania and public health officials had to institute quarantines to stop the spread of the deadly disease? How would the state's courts respond if someone resisted or challenged a quarantine in court, particularly since no Pennsylvania case law, statute or court ruling has ever established specifically who can petition a court to institute a quarantine or what procedures to follow to do so?...To give judges and their legal staff some guidance...in a public health emergency, the University of Pittsburgh's Center for Public Health Preparedness (UPCPHP), in conjunction with the Administrative Office of Pennsylvania Courts (AOPC), today released a report titled Pennsylvania Public Health Law Bench Book...." More (Spirit India 03.15.2007).

When a judge goes ill -- court rule needed? "The Michigan Supreme Court is seeking public comment on a proposed court rule that would require judges who miss more than 12 weeks of work for medical reasons to provide a doctor's excuse. Supreme Court spokeswoman Marcia McBrien said the proposal was suggested by trial court chief judges who said 'they wanted another management tool if they have to deal with malingering judges on their benches,' not because of any specific cases of judicial absenteeism...." More (Detroit Free Press 03.15.2007).

Chief Justice warns of 'campaign' against legal system. "Supreme Court President Dorit Beinisch said Wednesday that a campaign was being waged against the public's faith in the legal system. 'It's become a trend of sorts, wherein every judge is a suspect,' complained Beinisch, 'there is an ongoing campaign being waged against the public's faith in the system and I don't know who is leading this campaign.'" More (YNetNews 03.15.2007). Comment. "The Paranoid Style in American Politics" is an essay by the American historian Richard J. Hofstadter, first published in Harper's magazine in November 1964. Written at a time when Senator Barry Goldwater had won the Republican Presidential nomination over the more moderate Nelson A. Rockefeller, Hofstadter's article explores the influence of conspiracy theory and "movements of suspicious discontent" throughout American history. More (Wikipedia). Of course, we'd never accuse a specific public figure of using "the paranoid style," much less of being actually paranoid in any clinical sense.

Egypt appoints 31 women judges. "Egypt has approved the appointment of 31 female judges for the position of judge or chief justice...In a statement released to the press, Supreme Judicial Council Chairman Mokbel Shaker said that the 31 women were chosen according to their marks in written and oral examinations organized by the council...Egypt joins Sudan, Tunisia and Morocco as the only Arab nations to appoint women to the judiciary...." More (All Headline News 03.15.2007).

China's sort of Congress. "The annual session of China's National People's Congress...is not quite the ritual of absolute fealty it used to be. Reporters get to chase delegates in the hallways, and insiders say there have been some lively debates in the closed sessions. Still, the two-week gathering of 2,980 carefully vetted delegates remain[s] largely a choreographed show to put the stamp of legality on decisions already made...If the Communist leaders are willing to put aside ideology to continue their remarkable economic boom, why not take another essential step and make the congress a real legislature that listens to the unmuzzled views of real people? And follow that up with an independent -- and uncorrupted -- judiciary...." More (NYT - Editorial 03.15.2007). Further reading. We in America are not above using choreography to create the appearance of open-minded investigation. See, my mini-essay, Those 'blue-ribbon commissions' and 'task forces.' See, also, my comments at my political opinion blog on Karl Rove, Dick Cheney, Norm Coleman, Tim Pawlenty and the choreography of American electoral politics.

Conference recommends change to secret dockets. "The U.S. Judicial Conference is urging all federal trial courts to change their electronic docketing systems so that [sealed off-the-docket] cases that were falsely labeled 'No such case' are acknowledged [as being actual cases that have been sealed]...The Judicial Conference's move follows the uncovering of thousands of cases that proceeded through the federal courts completely shrouded in secrecy...Keeping cases off the docket differs from sealing them. Sealed cases are assigned case numbers that appear on the docket. The only way to determine the existence of off-the-docket cases is to scroll through public dockets searching for missing case numbers. That means the public has no way of knowing the cases exist -- and has no way of challenging the secrecy...." More (RCFP.Org 03.13.2007).

Ex-judge to be jailed in section for 'vulnerable' people. "Former Judge Patrick Vella yesterday expressed remorse for his actions soon after he pleaded guilty to accepting a Lm10,000 bribe to reduce a drug trafficker's jail term by four years. The former judge was jailed for two years after Mr Justice Giannino Caruana Demajo, presiding over the trial, ruled that his actions 'dealt a harsh blow' to the trust the public had in the judicial system...Sources said Dr Vella will he kept in a prison section for 'vulnerable' people...." More (Times of Malta 03.14.2007).

Judges reflect on 'medical emergency' at courthouse. "Lawrence County Judge J. Craig Cox called it 'quite an adventure'...Cox and attorney William Panella were in a hallway outside courtroom number 2, talking about procedural issues for a case, when Panella said, 'My chest is hurting'...When Cox asked if he should call an ambulance, and Panella said, 'I don't know,' the judge knew that meant yes...The [fire] department sent three firemen and Cox noted he was 'really impressed with them' as they gave Panella oxygen, took his blood pressure and gathered his medical history...." More (New Castle News 03.14.2007).

Pressure wash clears pigeon droppings at courthouse. "Some of the evidence of the Columbiana County Courthouse pigeon problem washed away over the weekend, giving the historical structure a new shine. The commissioners paid the Weavertown Environmental Group $4,800 to power wash the exterior of the building which had become covered with unsightly pigeon droppings. Commissioner Dan Bing said the cleanup work was completed during the weekend. 'There was a lot of buildup over the years, over a foot deep in some places,' he said." Over the years commissioners have tried a number of means to keep the pigeons away: noise-emitting machines; hanging shiny compact discs from strings; more recently, trapping the pigeons and releasing them elsewhere. More (Salem News 03.14.2007).

Judicial system of Finland. Curious about it? Click here and here.

Ex-judge is arrested for pushing girlfriend. "A former Cook County judge, [Oliver Spurlock, 62,] who was ousted from the bench in 2001 on sexual misconduct charges, was arrested Sunday after authorities said he pushed a girlfriend who was moving out of his home." The charge? Misdemeanor domestic battery and failure to have a valid firearm owner's identification card. More (Chicago Tribune 03.13.2007).

Immigration judge is relieved of duties and reassigned to desk job. "An immigration judge in New York[, Jeffrey S. Chase,] who has been repeatedly rebuked by federal appeals judges for his hostile questioning of asylum-seekers[,] was relieved of courtroom duties yesterday and reassigned to a desk job, lawyers and a union official said...A spokesman for the Justice Department...said that 11 of the nation's roughly 215 immigration judges had been temporarily suspended from courtroom duties since June...[but that s]ome have since returned to the bench...." More (NYT 03.13.2007).

Annals of life after judging: retired judge to run for mayor. "A week into retirement after a 20-year run as a Yonkers City Court judge, Democrat Arthur Doran Jr. is expected to announce his candidacy for mayor tomorrow at the Polish Community Center...." More (The Journal News 03.13.2007).

Annals of judicial delays. "Perhaps, the issues are too complex for the judge. He certainly can't claim he hasn't had enough time to write an opinion. It is approaching four years since a jury in July 2003 returned a verdict of $2.5 million against East Haven in the death of Malik Jones. Immediately after the verdict, East Haven's attorney asked that it be set aside, citing Supreme Court precedents. U.S. District Judge Alvin W. Thompson still hasn't ruled on the motion to set aside. His office said recently, as it has every year since, that the judge 'is working on it.'" More (New Haven Register 03.12.2007).

Judge running for SCOWIS owns stock in companies whose cases she heard. "Washington County Circuit judge Annette Ziegler presided over 22 cases involving companies in which she owned at least $50,000 worth of stock, an analysis of court records found. In her 10 years as a circuit judge, she also handled 12 lawsuits involving companies in which she owned between $5,000 and $50,000 in stock...Ziegler recently withdrew from a case involving Wal-Mart after critics noted that she owned at least $100,000 worth of stock in the retail giant...Ziegler drew 57 percent of the vote in a three-way Feb. 20 primary for a seat on the state's high court. She is considered more conservative than Madison attorney Linda Clifford, whom Ziegler will face in the April 3 general election...." More and more (Winona Daily News - info from Wisconsin State Journal via 03.12.2007). Earlier. "Wisconsin Supreme Court candidate Annette Ziegler failed to disclose a conflict of interest in at least four cases over which she presided as a circuit judge in the past year, interviews and court documents indicate...All four cases in 2006 involved people sued by West Bend Savings Bank, where Ziegler's husband, J.J. Ziegler, is a paid member of the board of directors. The defendants said the Washington County Circuit judge did not withdraw from the cases -- nor did she disclose her conflict -- as required by Supreme Court rules governing the conduct of judges in Wisconsin...." More (Wisconsin State Journal 03.04.2007).

Judge is arrested for allegedly shooting hubby. "[A] Floyd County justice of the peace has been arrested for allegedly shooting her husband Romeo Araujo. Judge Michelle Araujo now faces aggravated assault charges but has since bonded out of jail on a $25,000 bond...." More (KCBD 03.11.2007).

Women to judge wine in national competition. "Women buy a lot of the wine purchased in the United States, and they make quite a bit of it, too. But it's mostly male critics who proclaim what's prime and what's plonk. Enter the National Women's Wine Competition being held this month in Northern California. The event, judged entirely by women, boldly sports the slogan 'Wine Women Want.'" More (Fayetteville Observer 03.11.2007). Comment. And the top overall picks are (surprise, surprise) a rosé and a chablis.

Judge who sentenced Saddam seeks asylum. "The Iraqi judge who sent Saddam Hussein to the gallows has fled to Britain in fear of his life...[and] has applied for political asylum...." More (Sunday Mirror UK 03.11.2007). Update. Some in Iraq are denying the accuracy of this report.

Judge jails court reporter over delay in delivering transcript. "A stenographer who failed to deliver a transcript needed for an appeal was sentenced to jail for contempt of court. Circuit Judge Charles Greene said Friday he will release stenographer Ann Margaret Smith, 44, as soon as she completes the transcript...." More (Orlando Sentinel 03.11.2007). Comment. Now if we can figure out how to light a fire under appellate judges who "sit" on cases on which they're sitting and trial judges who don't know the meaning of "prolific" or "prompt." Update. "Greene [on Monday] told Smith that he thinks he got her attention with her weekend stint in jail and decided to put a GPS bracelet on her ankle and has ordered her to work from 8:30 a.m. to well into each night with hopes that the transcript will be done this week." More (NBC6 03.13.2007).

Minnesota journalists petition for cameras in courts. "[A] coalition of media groups is...asking the [Minnesota] Supreme Court to revise rules that effectively make Minnesota one of a handful of states that still keep cameras out of trial courts. The groups plan to file their petition Monday to coincide with Sunshine Week, a nationwide effort by journalists to foster open records and freedom of information. 'It is a basic issue of the public's right to know,' said Mark Anfinson, an attorney for the media groups. 'Minnesota is generally a progressive state. Why are we bringing up the rear on this kind of thing?'" More (Pioneer-Press 03.11.2007). Comment. I say, Let the sun shine in. In other ways, too. See, among my many postings, Letting the sun shine in (on The Punchclock Campaign); my 2000 essay, BurtLaw on Judicial Independence and Accountability, in which I advocated my own version of "Internet transparency" on the part of judges; and "Sunshine and fresh air as judicial disinfectants" and "Let the sun shine in" at BurtLaw's Law and Everything Else - Court Gazing V (scroll down). A Google search found these prior entries on "sunshine" for judges at BurtLaw coordinated sites. Disclosure. Mark Anfinson, quoted supra, is a distant cousin of mine -- among his direct ancestors are two of my great-great-grandparents, Rasmus and Guri Hanson, who rest in rarely-visited tombs in Six Mile Grove Lutheran Cemetery, six miles southwest of my hometown.

Judges get ears full during town hall meeting. "A panel of D.C. judges yesterday fielded...a flurry of complaints from residents in Northeast at a morning forum on how to improve the city's judicial system...Annette Cherry, a Ward 7 resident...complained of poor treatment from courthouse officials. 'I'm not rich; I'm not middle class,' she said. 'I'm a retired grandmother...When they greet you when you walk through the door as if you've done something wrong by asking them a question, I really resent that'...The judges said they were taken aback by residents' perception of unfair treatment in city courts...." More (Washington Times 03.11.2007). Comment. Eighty percent of those in attendance said they believed there is unequal treatment of minority groups. I give the participants credit for speaking their minds and the judges credit for listening and, hopefully, learning.

Judge is arrested for allegedly abetting wife's suicide. "Jetpur Judicial Magistrate was arrested on Friday night for abetting wife's suicide and was sent to Rajkot Central Jail. Nitish Kumar Thakkar was produced in the court of a first class judicial magistrate and was then remanded in judicial custody, said Jetpur DySP and investigating officer K K Maisurvala. The judicial magistrate faces charges of causing mental and physical harassment to his wife, Archana, over dowry which provoked her to end her life...." More (Express India 03.11.2007). Earlier. See, Judge, family members booked and awaiting charges in his wife's death.

Legislature considers paying justice's $340,000 in legal fees. "The Legislature is considering two bills that would erase a $340,000 legal debt owed by Texas Supreme Court Justice Nathan Hecht. Hecht incurred the debt when he challenged an ethics rebuke that stemmed from his support of friend Harriet Miers' 2005 nomination to the U.S. Supreme Court...." More (Austin American-Statesman 03.11.2007). Comment. Just a crazy question: Ought it cost $340,000 to get the rather easy free-speech issue in the misguided disciplinary proceeding against Justice Hecht decided correctly/promptly? What in hell is wrong with a system in which it costs hundreds of thousands of dollars in attorney fees and other costs to decide a simple legal issue clearly governed by SCOTUS precedent?

Talent scouts hunting for latest TV judge are looking in local courtrooms. "The casting producer came to Houston looking for a feisty, in-your-face judge -- the sort who could dominate a courtroom and make a smug defendant cower for the TV cameras...[Sherman] Ross, a Harris County criminal court judge, and [Jim] Wallace, a state district judge, were interviewed Friday and recorded during routine court proceedings as part of a nationwide search for yet another fiery TV jurist. Karen Gruber, of production company Endemol USA, said she's looking for a powerful, commanding, 'scares you, but in a good way,' judge for a possible primetime show, with higher stakes than her previous projects, Judge Judy and Judge Joe Brown. 'Quiet, passionate people don't make it in TV,' Gruber said. 'They have to be mouthy. They have to have a large personality.'...The search is continuing...and recommendations can be submitted to www.tvjudgesearch.com." More (Houston Chronicle 03.11.2007). Comment. At this very moment, just after reading this, Judge Hans Anders Pederson-Johnson, the under-appreciated (by his wife, colleagues, law clerks and litigants) MN jurist, is sitting at his desk in chambers, standard-issue mahogony-finish credenza behind him, staring out on a sunny March day, fantasizing about lots of things, including the possibility that if he just tweaked his courtroom manner a bit he, yes he, might become a star TV judge and earn millions a year rather than the paltry, poverty-level $100,000+ he now makes -- if only, if only one of those scouts would stop by his courtroom on a Monday morning during the cattle call.

King appoints top judges. "His Majesty King Mswati III has appointed two judges of the High Court, Qinisile Mabuza and Mbutfo Mamba on permanent basis as per the dictates of the Constitution, with immediate effect. Justice Nkosinathi Nkonyane has also been appointed permanent judge of the Industrial Court. The judges have been idle for a month after their three month contracts expired at the beginning of February this year...." More (The Weekend Observer 03.11.2007). Comment. At this very moment, just after reading this, Judge Hans Anders Pederson-Johnson, the under-appreciated (by his wife, colleagues, law clerks and litigants) MN jurist, is sitting at his desk in chambers, standard-issue mahogony-finish credenza behind him, staring out on a sunny March day, fantasizing about lots of things, in addition to the possibility that if he just tweaked his courtroom manner a bit he, yes he, might become a star TV judge (see here) -- fantasizing, specifically, about the possibility that some commission on judicial selection and tenure might be constituted that would produce a superficially-objective "study" that would recommend a constitutional amendment giving "the king" (the governor) power to appoint judges who thereafter wouldn't have to fear that some renegade lawyers -- the kind who don't work for big corporate law firms, don't belong to five different bar association committees, don't have any connections with the bigwigs in either the Republican or Democratic party -- might run against them in the next election. Then, or so Hans Anders fantasized, with "Missouri-Plan tenure," he could be truly independent (of everyone, especially hoi polloi voters) and wouldn't have to daydream foolishly about becoming the next TV judge.

Judge feared defendant might try to 'nobble' the jury. "The Supreme Court judge hearing Tony Mokbel's 2006 cocaine trial believed there was a risk Mokbel might try to nobble the jury. Justice Bill Gillard was so concerned about the risk that he ordered potential and selected jurors be identified by number rather than name...." More (Melbourne Herald-Sun 03.11.2007). Comment. I figured out the meaning of "nobble" from the context without having heard it before. Its synonyms include: "victimize, swindle, rook, goldbrick,...diddle, bunco, defraud, scam, mulct, gyp, gip, hornswoggle, short-change, con (deprive of by deceit)." More (WordNet).

England's top judge again challenges sentences as unduly harsh. "England's top judge has renewed his call for shorter prison sentences, saying that murderers are being jailed for too long. Lord Chief Justice Lord Phillips said in a speech at the University of Birmingham on Thursday that mandatory life sentences for murderers meant prisons risked becoming 'full of geriatric lifers' and suggested they were compounding the prisons overcrowding crisis. He echoed comments he made last year when he compared the 30-year jail terms meted out to murderers now to the 'utterly barbaric' practices of the flogging, branding and the stocks used to punish criminals in the 18th century...." More (Guardian UK 03.09.2007). Politicians, victim advocates denounce Lord Phillips' remarks. More (icSouthLondonPress 03.09.2007). Update. "I expect exaggerated, misleading and sometimes deliberately false responses to just about any comment the lord chief justice makes about sentencing policy. Successive home secretaries and certain newspapers can be relied on to react in Pavlovian fashion. But I was disappointed to see Downing Street joining in the mindless attacks." More (Guardian - Opinion of Marcel Berlins 03.12.2007). Earlier. See, my extensive comments in support of Lord Phillips' views at Top judge says 5-year-term is a 'very weighty punishment.' Text of speech: Crime and Punishment (PDF).

Pakistan's top judge is suspended. "Pakistan's top judge, Chief Justice Iftikhar Chaudhry, has been suspended by President Pervez Musharraf for 'misuse of authority.' The president has asked the Supreme Judicial Council, which oversees the judiciary, to investigate the charges. As the main judge in the Supreme Court, Mr Chaudhry had a reputation for taking a firm line against government misdemeanours and human rights abuses...The details of Mr Chaudhry's alleged offences are not yet clear...." More (BBC 03.09.2007). Update. "Lawyers boycotted court proceedings, clashed with riot police, and burned an image of Pakistani President Gen. Pervez Musharraf Monday in a countrywide protest against the ouster of the country's top judge. The country's main opposition party also decried the removal of Supreme Court Chief Justice Iftikhar Mohammed Chaudhry, in a high-profile test of judicial independence in military-dominated Pakistan." More (Houston Chronicle 03.12.2007). Update. "A judge [Saeed Khursheed Ahmed, a magistrate in the central city of Bahawalpur] has resigned to protest the maltreatment of Pakistan's ousted chief justice, whom police allegedly roughed up as he went to face charges that he abused his authority, a court official said Thursday." More (Brandon Sun 03.15.2007).

Listening to everything at the courts. "The Delaware County Court...is streamlining its recording system for all proceedings with a brand new, state-of-the-art, $800,000 digital system that will replace the bulky, old taping devices that have been in existence since 1984...A court reporter is on hand if needed, but every word uttered by lawyers, judges and witnesses is recorded exactly as said in the courtroom through the recording system...[T]he new system will make it far easier for lawyers and others to retrieve and replay testimony...Just by clicking a key tag word, the matter can be found and played...." More (Delco Times 03.09.2007).

Top court removes judge from yet another case for lack of fairness. "For the third time in as many years, the state Supreme Court has removed Hinds County Circuit Judge Tomie Green from a case, citing her lack of fairness...The court, without comment, removed Green from hearing Jackson Mayor Frank Melton's case on Thursday, vacating her order to jail him for alleged probation violations...The 400-member Magnolia Bar Association is supporting Green, saying she has been treated unfairly by the high court." More (Hattiesburg American 03.09.2007).

Bush's federal prosecutors pursue mainly Democrats (and Democrat judges). Paul Krugman of the NYT has an interesting column on federal prosecution of state political officeholders that corroborates an observation I've made on a number of occasions in recent years in regard to federal prosecutions of state judges for corruption -- the Republican prosecutors have been going after more Democrats than Republicans:

Donald Shields and John Cragan, two professors of communication, have compiled a database of investigations and/or indictments...Of the 375 cases they identified, 10 involved independents, 67 involved Republicans, and 298 involved Democrats. The main source of this partisan tilt was a huge disparity in investigations of local politicians, in which Democrats were seven times as likely as Republicans to face Justice Department scrutiny....

More (NYT 03.09.2007). Comment. The authors of the report are quoted suggesting that the national press has missed the story because "local (non-statewide and non-Congressional) investigations occur under the radar of [the] national press" with "[e]ach instance [being] treated by a local beat reporter as an isolated case that is only of local interest." Here's what we at the international headquarters of The Daily Judge have been saying for a long time:

There've been a number of federal prosecutions of state judges recently for bribery, etc., & in almost all of them the feds use legal fictions to obtain jurisdiction. One fiction involves relying on federal grants given to the court systems in which the judges work. Another is the one in this case -- using the mails in commiting fraud. When I was in high school I argued in a debate before the local PTA that federal aid to secondary school education would lead to federal control. As a junior GOP-Man I was, of course, just mouthing the political platitudes of the GOP party. But it turns out I was right, as evinced by the GOP's "No Child Left Behind" initiative (which pulls off the slick trick of accomplishing federal control without much or any aid). And now, it seems, federal aid to state courts = federal criminalization of judicial conduct that the states traditionally have been thought (by Republicans, at least) able to regulate. Can it be fairly said that Republicans -- & I am one, though of the liberal Eisenhower-Rockefeller variety -- believe in states' rights? Or do they feel they have a "roving commission," to use Justice Cardozo's phrase, to clean up state and local government? But wait! I think the states where all or most of these investigations/prosecutions have occurred are historically Democratic, on the local level, at least. Hmmm. What's the great principle -- that it all depends on whose ox is being gored?

See, Ex-judge is charged with mail fraud as judge.

Obituary. James Randal Ross, 80, judge was great-grandson of Jesse James. "Retired Orange County Superior Court Judge James Randal Ross, the great-grandson of Western outlaw Jesse James who was once criticized for selling copies of [I, Jesse James,] a [1988] book he wrote about his notorious ancestor from his chambers, has died. He was 80...." More (LAT 03.09.2007).

Boston federal court's new diversity plan for juries. "Under the new plan instituted March 1, when a jury summons is returned as undeliverable, the court will randomly send another summons to another resident in the same zip code. The court will also update its jury mailing list twice a year, instead of once, to cut down on the number of summonses that go to people who have moved...The revisions followed a study ordered by US District Judge Nancy Gertner in 2005 , which found that wealthier towns with fewer members of minority groups do a better job of keeping accurate residency lists than more diverse cities, including Boston. As a result, she found that a higher percentage of jury summonses sent to minorities come back as undeliverable or go unanswered...." More (Boston Globe 03.09.2007). Earlier. See, my extended comments at Thinking about mostly-white jury pools on a snowy white day in MN. And see, Battle wages on Boston fed judge's plan to up minority jurors.

Top judge says middle class can't afford justice. "Chief Justice Beverley McLachlin...said in a text prepared for delivery to a Toronto audience [that] 'The Canadian legal system is sometimes said to be open to two groups -- the wealthy and corporations at one end of the spectrum, and those charged with serious crimes at the other.' The first group has money, and the second legal aid. She added a third group, families who can get legal aid when the welfare of children is at stake. But that still leaves average Canadians outside the system, McLachlin said. 'Their options are grim: use up the family assets in litigation, become their own lawyers, or give up.'" More (CBC 03.09.2007).

Ethics panel rules on judges hearing cases by lawyer-legislators. "A state ethics panel has ruled that judges should not decline to hear cases in which the lawyers are legislators just because the Legislature has declined to raise their salaries. Some judges who are suing the Legislature for pay raises insisted that they were ethically bound to withdraw from those cases, and said the panel's decision would not change their minds. But some legislators and fellow judges have described their refusal as a retaliatory tactic that was likely to backfire...." More (NYT 03.09.2007).

Conclusion: 'Equality Courts' are ineffective. "Untrained court officials, reluctant magistrates and lack of public awareness have rendered [South Africa's] Equality Courts ineffective, the Ad Hoc Committee on the Review of Chapter 9 institutions heard on Friday...The courts, which were supposed to be assisting people who have suffered unfair discrimination, hate speak or harassment to bring their case to court easier and faster, were established by the justice department three years ago...[D]espite having been in existence for three years, some of the courts had only managed to hear two cases...." More (iAfrica 03.09.2007).

Leading judge denies charges of indecent exposure. "One of Britain's most senior judges pleaded not guilty yesterday to two counts of exposure. Welshman Lord Justice [Stephen] Richards, who sits in the Court of Appeal, appeared at City of Westminster Magistrates' in central London to answer charges relating to two alleged incidents on trains in south-west London in October last year...." More (ic Wales 03.09.2007).

Michigan's feuding justices -- WWF (working while fighting). "With the reputation of Michigan's highest court sinking fast, a simmering dispute among its justices boiled over Wednesday in ugly insinuations, sarcasm, and even lyrics from a Broadway tune...Justice Betty Weaver...and Justices Maura Corrigan and Robert Young exchanged sharp comments in the court's opinion in a routine court action released Wednesday. Weaver criticized what she described as the court's 'helter-skelter approach' regarding when and how justices excuse themselves from cases in which they have potential conflicts of interest. Maura Corrigan, who had withdrawn from the case, wrote: 'Betty, can't we stop wasting the taxpayers' money on this frolic and detour? Or are you determined to continue these theatrics?'" More (Detroit News 03.08.2007). Comment. The lyrics Corrigan quoted were from the musical comedy A Funny Thing Happened on the Way to the Forum, which I saw performed at Radcliffe College (since merged with Harvard) back in the mid-1960's, when I was attending Harvard Law School. I find myself siding with Justice Weaver in this delightful ongoing feud, reported in stories to which I've enjoyed linking.

Judicial intervention in dropping case in re judge caught with stolen laptop? "Three days before the story broke that a former Denver judge had been caught in possession of a stolen state laptop computer, a top Colorado judicial department official asked Denver police to drop the case...Citing that request, a deputy Denver district attorney the next day officially declined to file charges against former Judge Larry Manzanares, who was then Denver's city attorney. She was quickly overruled by top DA brass, who on the same day decided to turn the case over to a special prosecutor because of the conflict of interest with the Denver DA's office. The Jefferson County district attorney is now handling the case and will decide whether Manzanares will be charged...." According to the report, a state court administrator reported the $1,579 laptop as missing on 01.26.2007 from the Denver City and County Building. On 01.31 an electronic monitoring center received notice via theft detection software installed in the laptop that it was logged on to the Internet via a specific internet protocol address. A judge on 02.07 issued a search warrant allowing police access to the ISP's subscriber records to identify the subscriber. On 02.20 the legal counsel for the state court administrator's office asked police not to prosecute. The next day a deputy DA dropped the case. That decision was reversed by superiors when they learned that Manzanares, the former judge, was the suspect. On 02.23 the story hit the airwaves and the mayor put Manzanares on leave. He resigned on 02.27. More (Rocky Mountain News 03.08.2007). But see, Court officials say ex-judge got no special treatment (Denver Post 03.09.2007).

Superhero, Captain America, is killed on courthouse steps! "Captain America is dead. The Marvel Entertainment superhero, created in 1941 as a patriotic adversary for the Nazis, is killed off in Captain America #25, which hits the stands today. As Captain America emerges from a courthouse building, he is struck by a sniper's bullet in the shoulder and then hit again in the stomach, blood seeping out of his star-spangled costume. His death is sure to ignite controversy in the comic book world -- still reeling from Superman's death in 1993 and resurrection the following year -- and even political pundits, who may see Captain America's demise as an allegory for the United States...." More (NY Daily News 03.07.2007). Comment. When will we see his likes again? Without Captain America around, how will courts remain independent?

OK judge puts end to daily wedding docket. "The decision, handed down by presiding Judge Vicki Robertson, set Friday as the final day that brides and bridegrooms to be can go before an assigned judge to take their vows [in Oklahoma County, which] was the last in the state to offer a daily wedding docket...." More (Playfuls 03.07.2007). Comment. No more Captain America. No daily wedding docket. What is happening to this once great country?

Farmers market to move to Courthouse Square. "Two weeks after the Stroudsburg farmers market announced it would be expanding to East Stroudsburg, it's got a new location in its original borough. Stroudsburg Borough Council approved the farmers market, held every summer Saturday on the 900 block of Main Street, to move to Courthouse Square starting this summer...." More (Pocono Record 03.08.2007).

Defendant indicted on Women's Day for breaking nose of female judge. "The case of Serhat Öztürk, who broke the nose of a female judge, [Insaf Gündüz,] has been opened on Women's Day...." More (Sabah - Turkey 03.08.2007). Comment. All of us here at the International Headquarters of BurtLaw's The Daily Judge strongly condemn the intentional breaking of noses not only of female judges but of all judges.

Critic calls governor's new 'bipartisan' judicial appointments panel a 'farce.' "Saying he wanted to appoint qualified candidates, Gov. Ted Strickland implemented a process he said would take politics out of appointing new judges... But Joe Deters, the Republican prosecutor and former head of the Hamilton County Republican Party, calls it a farce. 'Strickland won the governor's race and he deserves to appoint his party to judgeships but the charade of this being a fair and open process is just that. A charade,' Deters said...." More (Cincinnati Enquirer 03.07.2007).

Special judge off bench amid state probe. "Alabama Chief Justice Sue Bell Cobb on Friday removed retired Circuit Court Judge Bobby Aderholt from a special judgeship in Winston and Marion counties amid a state investigation. Aderholt said Monday he believes the attorney general's office probe was triggered by a rumor that his judicial assistant never did any work for the state. He and the assistant said that's not true...For the 30 years he's served as a judge, Aderholt has had his judicial office in space he set aside at his business, Nailfast, a wire manufacturing plant in the Winston County city of Haleyville near the Marion County line...." More (Birmingham News 03.06.2007).

Penis-pumping judge, now in prison, fights to keep pension. "A former Creek County judge convicted of indecent exposure wants to keep his state pension. Donald Thompson has been in prison for the last several months. The former legislator and long-time judge resigned from his position after more than 20 years on the bench. The question now is whether he earned the rights to receive his pension, which would total more than $93,000 a year. Thompson's lawyers will appear at a hearing in Oklahoma City today, to argue that Thompson is entitled to the money...." More (KOTV 03.06.2007).

Waiting in line in cold and rain outside the courthouse. "Marcin Matuzik wasn't wearing a jacket Thursday as he stood in line in front of the Will County Courthouse. The Naperville man had on only a thin white shirt to protect him from the chilly temperatures and intermittent rain. 'This is just ridiculous,' he said. 'I'm used to the Cook County courts, you just walk in and you don't have to wait in line.' Long lines of people waiting to get into the Will County Courthouse are becoming routine...What often happens is courthouse visitors make it through the line to security, and they have to leave the courthouse because they have a camera phone, nail clippers or a pocket knife on them. That means they have to walk a long distance back to their cars and then wait in the line again to get back into court...." More (Herald News 03.06.2007). Comment. Here's a novel idea: make it extremely difficult for people to get into the courthouse. This will a) help deter litigation (Who will sue if it means standing in line?), b) lead to settlements (people who stand in line usually wind up talking to each other, a first step toward agreement), c) increase the number of default judgments (wise judges hoping to keep current need only enter judgment immediately anytime some poor sucker caught in line is late), d) increase revenues (people will pay their traffic tickets by mail rather than contest them in person), e) keep the hoi polloi out (those of us who constitute the hoi polloi can't stand waiting in line or otherwise deferring gratification), and f) make for a safer environment inside the courthouse for the elect few who get in (by converting in-the-courthouse crime to outside-the-courthouse crime).

When top judges become 'Chatty Cathys.' "Back in the 1980s, Justice Harry Blackmun would regularly give a speech at the annual conference for judges and lawyers held by the U.S. Court of Appeals for the Eighth Circuit -- the appellate court on which Blackmun previously had served. Inevitably, Blackmun would use the occasion to deliver a few pointed criticisms of his more conservative brethren. And just as inevitably, Blackmun's speech would generate headlines and stir up some consternation among his colleagues about his propensity to discuss Court business outside the Court's cloistered confines. For journalists covering the Court at that time, Blackmun's annual address was a rare field day at which a sitting justice would let drop a few candid remarks about the Court's inner dynamics. Public speechifying by Justices -- and mildly indiscreet speechifying at that -- was a rare commodity in those days. Not anymore...." Edward Lazarus, writing in Writ. More (Writ 03.06.2007).

S.C. justices quit country club after free memberships are revealed. "Two Delaware Supreme Court justices canceled their honorary memberships in Wild Quail Country Club last week, days after revelations in The News Journal about the gifts, both judges said Monday. Chief Justice Myron T. Steele and Justice Henry duPont Ridgely had disclosed the gifts -- valued at $2,855 each -- on their annual financial statements last year. The gifts were among dozens mentioned in the newspaper's two-day special report on spending by lobbyists and others on Delaware public officials...The paper also found that...Steele and Ridgely[] took gifts...from private businesses and trade groups. The gifts are legal under Delaware law...." More (News-Journal 03.06.2007).

New money is printed in Mugabe's Zimbabwe to buy judges new 4x4s. "President Robert Mugabe has moved with speed to pamper Zimbabwe's disgruntled judiciary: the country's 27 judges have each been given new 4x4 twin-cab bakkies, laptops and desktop computers. Their salaries have been hiked from Z$600 000 (about R17 000) to a whopping Z$5-million (R143 000) with immediate effect, exactly a month after Judge President Justice Rita Makarau publicly complained bitterly over low salaries and poor working conditions...The Toyota IMV 4x4 turbo trucks each cost US$63 000..The all-terrain vehicles are in addition to Mercedes sedans, which were officially issued to judges upon their appointment. After five years the judges are allowed to buy the cars at book value. The majority of the judges, cherry-picked by Mugabe from a list of loyalists...are also proud recipients of the choicest farms seized by Mugabe from former white commercial farms under his controversial land reform programme...."

More (Sunday Times - South Africa 03.06.2007). Comment. Our own Chief Justice, John Roberts, surprisingly (and to stinging criticism) recently linked judicial independence to adequate compensation in pleading for a pay increase for federal judges. Bob Mugabe, who runs Zimbabwe, seems to think paying judges handsomely pays off.

Cleaning company employee is caught with hand in district judge's soda fund. "A magistrate caught an alleged thief Friday night when he spotted a cleaning company employee take money from a jar of loose bills inside the judge's office, according to Old Lycoming Township police. District Judge James H. Sortman called officers to his office at...about 6:40 p.m. when he saw the theft take place as he watched from outside through a set of office widows...Sortman said he decided to conduct a stakeout of his own after he and his staff had discovered money missing from the office's soda fund in recent days...." More (Williamsport Sun-Gazette 03.06.2007). Comment. When I first began working for the state, the capitol janitors were government employees, and the supreme court had its own janitor. As part of the general outsourcing trend, the state long ago switched to contracting out the cleaning of state buildings. Although the outside cleaners I got to know were fine, upstanding people, I've always felt, for multiple reasons, that the outsourcing was bad public policy.

Annals of judicial selection: the politics of selecting the selectors. "Justice Minister Daniel Friedmann is seeking to change the composition of the selection panel for new judges, in order to diminish the power of the Supreme Court in the selection process...Following on Friedmann's instructions, Justice Ministry officials in recent days have begun to formulate a government law bill seeking to narrow down the number of Supreme Court justices [on] the panel in selecting new judges for all courts...[According to Friedmann,] 'Supreme Court justices today enjoy an almost unrestricted rule over the appointments at the Supreme Court; quality candidates are being disqualified while lesser candidates enjoy enthusiastic support and get appointed....'"