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.

Judge is censured for behavior at getaway for judges. "A Dickson County judge has received a public censure for allegedly getting drunk at a judicial conference and making racial and sexual slurs. The censure was against Judge A. Andrew Jackson pursuant to an agreement with the Investigative Panel of the Tennessee Supreme Court...." More (Chattanoogan 05.24.2007). Further reading. Annals of judicial junkets.

Ex-judge is jailed for failing to pay child support. "A disgraced former judge was taken from a courtroom in handcuffs and jailed Thursday after being arrested on a warrant because he has failed to pay more than $250,000 in child support. The arrest warrant for the former Brooklyn judge, Reynold Mason, now of Hampton, Ga., was valid, Manhattan state Supreme Court Justice Joan Lobis said...." More (Newsday 05.25.2007).

Questions of the day. a) Judges are always yammering about the need for judicial independence. Why are they silent on the arguably more important issue, given the reality of the law clerks' role in the judicial process, of law clerk independence? We'd sorta like to know.... b) Why don't we call them, or at least some of them, "equity clerks"?

Judge wants bigger room for his disciplinary hearing. "Arkansas Appeals Court Judge Wendell Griffen accused of being too outspoken asked a state disciplinary panel Thursday to hold its July 20 hearing in a large venue because of public interest in his case. Griffen asked the Arkansas Judicial Discipline and Disability Commission to hold the hearing at the William H. Bowen School of Law at the University of Arkansas at Little Rock instead of the panel's normal hearing room...." More (Pine Bluff Commercial 05.25.2007).

President wants four justices of supreme court to resign. "President Evo Morales demanded the resignation of four Supreme Court justices this week in a growing campaign against Bolivia's judicial system, which he accuses of hampering his efforts to nationalize key parts of the economy and remake Bolivia as a socialist state...." More (Washington Times 05.25.2007). Comment. Hmm, here in the U.S. the President would like four SCOTUS justices to resign, too.

Vegas justice. "There's another surprising development in the ongoing saga of District Court Judge Elizabeth Halverson. Late Thursday afternoon, Halverson's former judicial assistant filed a defamation lawsuit against the judge over allegations of ticket fixing. It was during an interview with the I-Team that Judge Halverson first revealed she believed her former assistant was fixing tickets. Now that assistant, Ileen Spoor, is firing back with a lawsuit...[On Thursday] Judge Halverson declined to speak with the I-Team about any aspect of her situation, including the documents filed Wednesday with the Nevada Supreme Court. In those documents, former staff members claim Halverson had them stand at attention and even had a bailiff give her a foot rub...." More (KLAS 05.25.2007).

Judge waxes poetic. "This action is concerned with the always-vexed questions which arise when the relationship between parties who have lived together as if man and wife has broken down; where sadly, only bitterness has proved to have flourished in the soil in which once hope and love had briefly seemed viable...." -- From judgment of Mr Justice Lindsay, High Court judge, in a legal dispute of "ex-lovers," carpenter Barry Young, 49, and his ex-partner Rebecca Lauretani, "over a Twickenham property valued at over £650,000." More (Wimbledon Guardian 05.25.2007).

The judge, her lover, the intruders and the child maid. "The murder of a Tata Motors executive who was hurled from the balcony of his girlfriend's eighth floor apartment by intruders would normally be sensational enough. Now it transpires the only witness was a child maid, which could land the [girlfriend] -- a Central Administrative Tribunal judge [Ms Sadhna Srivastava] -- in court for violating child labour laws...Jagan, the domestic help, is the only witness to the attack and has recounted graphic details of the Sunday incident to the media...Police say the couple were planning to get married after widower Mr Mahto spotted Ms Srivastava's matrimonial advertisement. After contact over the Internet the couple had decided to meet...." The man accused of the intrusion and murder is "Mr Anil Singh." More (The Statesman - India 05.25.2007). Earlier. Murder mystery: Why was man flung out window of judge's 8th floor apartment? Further reading. Annals of judicial internet dating (which includes links to other postings on judicial romance, judicial dating, and judicial cyber-dating).

What makes for a 'famous trial'? "The proceedings had a number of ingredients essential for a famous trial. The first is a celebrity defendant who has little contact with reality...The trial also had the necessary element of a defence lawyer whose powers of advocacy on behalf of a client are not confined by the boundaries of established fact...Also required for a famous trial is a supporting cast of absurd relatives and unbelievable witnesses...." From an amusing piece on the Paris Hilton hearing by David Pannick, QC, in The Times of London. More (Times UK 05.22.2007).

Judicial corruption around the world. "Widespread bribery of judges around the world and inappropriate political interference in judicial systems are denying millions their right to a fair and impartial trial, a leading global anti-corruption group said Thursday. Transparency International asked nearly 60,000 people in 62 countries last summer what they thought about their country's judicial systems. In more than 25 countries, at least one in 10 households reported paying a bribe to get access to the court system...At the top of the list, more than 80 percent of those contacted in Paraguay, Peru, Cameroon, Macedonia and Bolivia perceived their legal systems to be corrupt...." Countries in which the fewest reported corruption? Norway, Sweden, Denmark and Finland...and Singapore. More (IHT 05.24.2007). Transparency International's press release.

Students criticize office of judicial affairs at Duke U. "The Office of Judicial Affairs has come under criticism from the Duke Student Government for its evidentiary standards, raising questions about the University's relationship with the Durham Police Department following the lacrosse case...." More (Duke Chronicle 05.24.2007).

Avenue of Flags at county courthouse. "Perry County's Avenue of Flags, honoring 133 Perry County men who gave their lives in the defense of our nation, will make its first appearance on Memorial Day at the county courthouse [in Tell City, Indiana]...." More (Perry County News 05.24.2007).

Federal judge rules alleged conduct by judge was not 'sexual harassment.' "A Cook County judge did not sexually harass a female court reporter, a federal judge has ruled, but a second charge that the clerk's supervisors retaliated against her may continue on in court. Regina Clemmer filed suit in June 2006 alleging a Cook County judge -- unnamed in the suit at that time -- made unwanted sexual advances toward her. As proof, she alleged that the judge -- later identified as domestic violence court Judge Anthony Iosco -- had told her 20 to 25 times that she 'looked good,' or 'beautiful,' or called her 'honey' or 'dear.'" The judge also allegedly brushed up against her once in the hallway. More (Daily Herald 05.24.2007).

Former Syrian judge becomes U.S. citizen. "Mohammad Ahmad Abdul A Al, a former Palestinian resident of Syria, was for 25 years a civil court judge in Damascus before moving to Kulpmont in Northumberland County about five years ago to be near his adult children, among them Dr. Hussan Abdul of Kulpmont and Maram Abdul, a pharmacist in nearby Mt. Carmel. Another daughter is a lawyer in Arizona. The retired judge, 71...[was] part of a diverse group of immigrants given the oath of citizenship by U.S. District Senior Judge John E. Jones III during a late-morning ceremony...." More (Williamsport Sun-Gazette - PA 05.24.2007).

Court says in swearing in witness in NC, any religious text will do. "A Wake County [NC] judge ruled Thursday that any religious text can be used to swear in a witness or juror in the state's courtrooms, not just the Bible. The American Civil Liberties Union argued a law that some judges said required the state's courts to use the Bible alone is unconstitutional because it favors Christianity over other religions...State law allows witnesses preparing to testify in court to take their oath in three ways: by laying a hand over 'the Holy Scriptures,' by saying 'so help me God' without the use of a religious book, or by an affirmation using no religious symbols...." More (NBC17 05.24.2007). Earlier. May a witness in court swear on any old book? Related story. Swearing on the Koran.

Why security for NJ justices was increased. "Police beefed up security for four New Jersey Supreme Court justices after a self-proclaimed 'pro-white' host revealed their addresses in his weekly Webcast. Hal Turner released the information after the court ruled in October that gay couples were entitled to the same rights as married couples...." More (6ABC 05.24.2007). Comment. As courts have held, one's address is public information. That goes for anyone, even a judge. But that doesn't mean courts have to make it easy for people to learn where judges live. Court personnel, for example, ought to be instructed never to give a judge's home address or personal phone number to anyone who calls asking for it -- and people do call and ask. Moreover, I think it's rude and uncivil to picket the home of a judge or any other public (or private) figure (and also rude and uncivil for reporters to camp out outside a person's home). Picketing outside a courthouse ought generally to be permitted -- see, my comments at Limiting speech outside courthouse -- but picketing outside a judge's home in a residential area ought not generally be permitted.

Stealing from the blind guy's courthouse deli. "For the third time in a month, police have arrested someone for stealing from the blind owner of the deli inside the Hamilton County Courthouse. Andre Wilson, 43, of Winton Hills, was arrested at 8:30 a.m. today by sheriff's deputies and charged with two counts of theft. Kent Parker, the blind owner of the deli, contacted deputies about several items missing from his shop. Deputy Ken Pendleton reviewed videotape from the deli and identified Wilson as the man stealing a fruit pie and drink -- valued at $2.30 -- from the shop...." More (Cincinatti Enquirer 05.24.2007).

Justice who improperly edited court transcript is let off with warning. "A repentant Justice Marvin Zuker acknowledged he committed judicial misconduct when he altered court transcripts in 2005, after learning they were to be used in an appeal case. As a result, the well-respected family law judge was let off with only a warning yesterday by the Ontario Judicial Council. The panel could have recommended Zuker's removal, but said his spotless 28-year record, coupled with his apology and emotional stress since the scandal broke, justifies the lesser punishment...." More (Toronto Star 05.24.2007).

Warning to kid: 'If you misbehave, you'll have to work as a judge.' "A naughty child can be threatened with being made 'a judge if he is mischievous and chief justice if he is more mischievous,' a senior [Pakistan] Supreme Court judge has said. This observation was made by Justice Khalilur Rahman Ramday, who is presiding over the 13-member full court of the Supreme Court hearing the constitutional petition of suspended chief justice Iftikhar Muhammad Chaudhry...." More (DNAIndia 05.24.2007). Comment. When I was a kid people used to say that those who misbehaved or didn't study would grow up to be ditchdiggers or garbage haulers. Now it's judges. :-)

Top judges in open revolt. "Britain's most senior judges last night moved into open revolt against the government after eight weeks of talks broke down over safeguards for the independence of the judiciary following the creation of the Ministry of Justice. Amid a growing constitutional crisis, the lord chief justice, Lord Phillips, told MPs the department was only created to 'clear the decks' so that the home secretary, John Reid, could mount a 'concerted attack on terrorism.'" More (The Guardian 05.23.2007).

Annals of justice being a wee bit slow. "Over three million cases are pending in India's 21 high courts, and an astounding 26.3 million cases are pending in subordinate courts across the country. At the same time, there are almost a quarter million under-trials languishing in jails across the country. Of these, some 2,069 have been in jail for more than five years, even as their guilt or innocence is yet to be ascertained...." More (ZeeNews 05.23.2007). Comment. A modest proposal: outsource cases to American judges. Fair is fair.

Primary winner in traffic court contest has a tiny ticket problem. "Willie Singletary won a Democratic nomination for Traffic Court last week despite being a scofflaw of major proportions. As of primary day, Singletary, 26, owed $11,427.50 for 55 violations, including reckless driving, driving without a license, careless driving, driving without registration, and driving without insurance...As a result of the violations, his driver's license has been suspended through at least 2011." More (Philadelphia Inquirer 05.22.2007). Comment. At least he has experience in the field.

The judge's nonexistent daughter's shenanigans. "Deborah Bernini is a Pima County Superior Court judge and the woman calling herself Rebecca Bernini knows it. She told one of [her fraud] victims 'not to mess with her because her mother is a Superior Court judge. She would have the heat brought down on her hard if she did not stop harassing her,' court documents read. On Tuesday, the Tucson Police Department asked for help in finding the woman they say has been posing as Rebecca Bernini -- real name Rebecca Burke...." More (Arizona Daily Star 05.23.2007).

Department of misleading headlines. The caption to a photo accompanying a story in the Montgomery Advertiser read: "Sherri Williams, an Alabama business woman, is fighting the state's ban on selling sex toys to the Supreme Court." A wag named Tim Halstrom of Montgomery wrote a letter to the editor in response, stating, in part: "How dare our Legislature ban the selling of sex toys to the United States Supreme Court. 'Tis true, they can get their sex toys from other states, but that's not the issue. Haven't we enough to worry about with our own judiciary that we have to meddle in the affairs of federal justices?" More (Montgomery Advertiser 05.23.2007).

Judge calls law allowing judges to pack firearms in court 'wise' legislation. "A new law specifying that district judges can have guns in courthouses is 'important and wise legislation,' said a Tulsa judge who made headlines when he armed himself during a court commotion a year and a half ago. The law, signed last week by Gov. Brad Henry, 'will greatly enhance court house security for all the citizens,' Tulsa County District Judge Tom Thornbrugh said...." More (Tulsa World 05.22.2007).

When a defendant creates chaos in the courtroom. "A tough-as-nails judge yesterday sent a message to courtroom clowns seeking to disrupt their trials, denying a defendant who cold-cocked a juror a mistrial and instead ordering him chained to the floor. 'It is becoming increasingly common for violent' offenders to try to 'derail' their trials by creating chaos, said Suffolk Superior Court Judge Patrick F. Brady. But accused cop shooter Richard Glawson, 46, would not prevail as a martyr of mayhem...." This catchy prose is by award-winning crime reporter Laurel J. Sweet. More (Boston Herald 05.22.2007).

Woops! I didn't mean to call judge corrupt. "A man who accused a suspended High Court judge of corruption, has now beaten a hasty retreat and disowned the complaint that forced the judicial officer out of the Bench. The accuser now says he did not facilitate the bribing of Justice Msagha Mbogholi's, which earned him suspension...." More (AllAfrica - Kenya 05.22.2007).

Judge who died always wished he'd had a clerk named Adrian. "The fun-loving, brief-aholic, piano-playing, El-riding, Daily News aficionado -- whose precedent-setting opinions shaped the law of the land -- had only one regret: He never hired a law clerk named Adrian. Edward R. Becker, senior judge of the Third Circuit Court of Appeals, who died of prostate cancer last May, always said he wanted to call out: 'Yo! Adrian.'" A nice report of the memorial service, attended by three members of SCOTUS. More (Philadelphia Daily News 05.22.2007).

Prominent judge breaks nose. One of the most-prominent judges in the world, Judge Paula Abdul, broke her nose over the weekend. "She tripped to avoid stepping on Tulip, one of her Chihuahuas," a press rep is quoted as saying. More (Newswatch50 05.22.2007).

Quote of the day: 'Do these people realize they work with the public?' From a letter to the editor by a man who recounts being treated rudely by courthouse security when he forgot to put his asthma inhaler in a tray before walking through a metal-detection screening device. More (Port Huron Times-Herald 05.22.2007). Comment. We don't know the facts but we will say that court employees need to be reminded again and again that they are public servants and that every person who enters the courthouse deserves to be treated with courtesy. Who knows but what courtesy contributes more than screening devices to courthouse security.

Murder mystery: Why was man flung out window of judge's apartment? "The mystery behind the murder of an executive, who was flung out of the 8th floor apartment of a Central Administrative Tribunal judge, today took a new turn with the judge telling the police that two intruders involved in the killing and in burgling the flat, had expressed their anger over a verdict against a suspended former police chief. Sadhna Srivastava, from whose flat Suresh Mahto, a senior executive of Tata Indicom, was pushed to death yesterday, has told the investigators that the two intruders had expressed displeasure over an adverse judgment passed by her against former Bihar DGP Narayan Mishra, police said. Mishra, who was quizzed by the police, has denied his involvement in the crime...." More (The Hindu 05.21.2007).

Judge in 11-year-long terror trial is constantly guarded. "Designated Tada judge Pramod Dattaram Kode goes to work every day in a bullet-proof [A]mbassador in the halo of Z-plus security. For over eleven years he has been presiding over Asia's longest terror trial and he hasn't missed a single day. Not even when his father expired a few years ago...The nature of the case is so sensitive that he is one of the most guarded men in the country. Forty-five men stand sentry. He never steps out of his New Marine Lines home except when he has to go to court or when he goes on his annual Shirdi visit...." More (Times of India 05.21.2007).

Federal judges threaten to move offices if parking garage is built next door. "A proposal by the city to build a parking garage within one foot of the federal courthouse in this city's downtown has provoked a strong and uncommonly public reaction from some judges, who say it would allow potential terrorists to get dangerously close to their courtrooms. The chief judge of the Federal District Court here, James G. Carr, and the chief judge of the District Bankruptcy Court, Randolph Baxter, warned in a letter to Mayor Donald L. Plusquellic that unless the city changed course, they would move their offices and courtrooms elsewhere...." More (NYT 05.20.2007). Comment. These days many judges, realizing what death and destruction a car bomb can cause, feel uncomfortable having parking ramps next to or directly under the courthouses in which they work. Perhaps judges in courthouses without full-time guards screening cars entering their ramps could make under-utilized law clerks and secretaries and clerks take turns doing security duty. Official-looking uniforms could be provided -- perhaps those spiffy martinet ones designed by Richard Nixon for White House guards, uniforms that were never or only briefly used, could be taken out of storage.

Black pastors rally around black judge accused of impropriety. "Five black ministers Thursday rallied around embattled Ingham County Circuit Judge Beverley Nettles-Nickerson. The judge, who also is black, is the subject of a 10-count complaint filed this week by the Michigan Judicial Tenure Commission. Reading from a prepared statement inside Friendship Baptist Church in Lansing, Pastor Lester Stone characterized the judge as the victim of a public lynching...[The pastors] believe the complaint is unfair, in part because they said they believe it was filed in retaliation for public accusations Nettles-Nickerson made in January 2006 [that] Chief Circuit Judge William Collette discriminated against her because she is black. An independent investigator later found her allegations to be unfounded...." More (Lansing State Journal 05.18.2007).

Judge gets supremes to reverse order barring her from courthouse. "A Las Vegas judge barred from the bench for bringing private bodyguards to court won a temporary ruling Thursday from the Nevada Supreme Court letting her return to work. The high court ruling favored Clark County District Judge Elizabeth Halverson, who was barred by the chief judge, Kathy Hardcastle, for jeopardizing security by letting the bodyguards bypass security checkpoints at the Regional Justice Center in Las Vegas...." More (Las Vegas Sun 05.18.2007).

Courthouse tragedy. "Five newborn baby ducks peep-peep-peeped as they paddled alongside their mother in the fountain outside the Seminole County Courthouse on Thursday morning. It was a glorious day, one that judges and clerks and gun-toting deputies had long awaited. For four weeks, they had watched as the mama duck tended to the eggs in her nest in a fountain planter just outside the back door. The babies hatched Wednesday, and maintenance man Butch Housel spotted them in the water Thursday morning. It was their first swim. A small, adoring crowd gathered. But there was a problem: The babies couldn't get back into their nest. It was too high. Housel scooped them up and put them back, but they just jumped right back out, he said. So a call went out to Animal Services...." And then...tragedy. More (Orlando Sentinel 05.18.2007).

Gay judge to become TV judge. "Hollywood once again has raided the Miami-Dade Circuit Court bench. This fall, David Young will become the third local judge with a television show in syndication...Young is one of a small number of openly gay judges in the country. His partner of 12 years, Scott Bernstein, is a Miami-Dade Family Court judge. Young said he intends to be open about his sexuality on the show. 'But I don't want this to be the 'Gay Judge Show,' he said...." More (Miami Herald 05.18.2007). Comment. I wonder what the set will look like.

Nominating commission's attempt to hold meeting by conference call fails. "It's a good thing the phone went dead. On Tuesday night, the Judicial Nominating Commission tried to have a member vote via speakerphone as it began picking five finalists for a Superior Court vacancy. The phone connection kept getting lost, so Chairman Stephen J. Carlotti abandoned the effort...As it turns out, the state Open Meetings Law was amended in 2005 -- to explicitly prohibit public bodies from using telephones and conference calls to do anything other than schedule meetings...." More (Providence Journal 05.18.2007).

Judge in internet terrorism trial asks, 'What's a website?' "A British judge has admitted he was struggling to cope with basic terms like 'website' in the trial of three men accused of inciting terrorism via the internet. Judge Peter Openshaw broke into the questioning of a witness about awWeb forum used by alleged Islamist radicals. 'The trouble is I don't understand the language. I don't really understand what a website is,' he told a London court during the trial of three men charged under anti-terrorism laws...." More (Sydney Morning Herald 05.17.2007). Comment. That's okay. Any good common law judge is at heart a generalist. It's counsel's job to educate a judge and/or jury sufficiently in the specialized info/terms needed to determine the facts and apply common law and statutory law to the facts. A good judge is not afraid to let counsel know he needs enlightenment in this or that. What counsel ought to fear is the know-it-all judge who doesn't know the vastness of his ignorance. Update. The court's press office issued this explanation: "Trial judges always seek to ensure that everyone in court is able to follow all the proceedings. They will regularly ask questions -- not for their own benefit -- but on behalf of all those following a case, in the interests of justice. In this specific case, immediately prior to the judge's comment, the prosecution counsel had referred to various internet forums with postings of comments relevant to the case. Mr Justice Openshaw was simply clarifying the evidence presented, in an easily understandable form for all those in court. Mr Justice Openshaw is entirely computer literate and indeed has taken notes on his own computer for many years." For an opinion suggesting the judge was just a tad too clever at playing dumb, see, this column by Marcel Berlin. (Guardian 05.21.2007).

Is your name on the Lord Chancellor's 'secret list' of judges? "The Lord Chancellor has been forced to disclose that he holds a list of judges disciplined for misuse of their computers, including viewing pornography. The ruling on disclosure by Richard Thomas, the Information Commissioner, comes after Lord Falconer of Thoroton's ministry, the Department for Constitutional Affairs, refused to divulge the number and rank of judges and magistrates who have been disciplined. But Mr Thomas said: 'It is important for the public to know and be assured that the Lord Chancellor [now the Office for Judicial Complaints] thoroughly investigates each and every allegation of computer misuse by judges.'" More (UK Times 05.17.2007). Further reading. a) Judge apologizes, gets reprimand for viewing porn on court computer. b) My eccentric views on putting a scarlet letter on judges who view porn.

Newly-elected justice admits violation of judicial ethics code, agrees to pay fine. "Wisconsin Supreme Court Justice-elect Annette Ziegler has acknowledged she violated the state's conflict-of-interest law and agreed to pay $17,000, including a $5,000 fine, the Wisconsin Ethics Board announced Wednesday...." More (Wisconsin State Journal 05.17.2007).

Retired judge who was ripped-off finally gets new digs. "A retired judge who languished in a Bronx nursing home while his vast fortune dwindled under the care of court-appointed guardians finally left the facility yesterday, 21/2 years after being virtually locked up there and forbidden to receive visitors. John Phillips, 83, who was known in his days on the Brooklyn bench as the 'Kung Fu Judge' thanks to his interest in martial arts, walked out of the East Haven Nursing and Rehabilitation Center on Eastchester Road and into a waiting van...." More (N.Y. Post 05.17.2007).

Judge is suspended, locked out pending probe of claim she sold TPO's. "For allegedly selling temporary protection orders (TPOs) and several other complaints against her, a Makati RTC judge [Evelyn Arcaya-Chua] was ordered by Chief Justice Reynato Puno to be preventively suspended. The Chief Justice also ordered her court to be padlocked while an investigation and judicial audit of her sala are going on...." More (Manila Times 05.17.2007).

Old guitars and mandatory retirement of judges. "Guitar-makers, or luthiers, as they like to be known, have tried to isolate the magic in older instruments, only to find that it lies largely in age itself. Time transforms a guitar's materials. The wood grows stiffer and more resonant. The lacquer develops hairline cracks, relaxing its straitjacket grip on the wood. The magnets in pickups weaken and rust, deepening and mellowing the tone. A new guitar is like a novice choir: a gathering of disparate parts, held together under pressure, straining to carry the same tune. The more it's played, the more it settles into its true voice. The neck and body, joints and braces, bridge and fingerboard stop fighting one another and start to sing in unison." Burkhard Bilger, 'Struts and Frets,' The New Yorker, May 14, 2007, 79, 85. Further reading. BurtLaw on Mandatory Retirement of Judges.

Judges' 'war council.' "The judiciary last night set itself on a collision course with the Lord Chancellor when an unprecedented 'council of war' unanimously backed demands for constitutional safeguards to protect the position of judges under the Ministry of Justice. A crisis meeting convened to discuss the new ministry, attended by judges of all ranks, gave 'full backing' to the Lord Chief Justice and other senior judges who want safeguards to protect 'the independence of the judiciary' and 'proper administration of justice.'" More (UK Times 05.16.2007).

Family court judge to would-be pro se litigants: 'This is not television.' "After two hours spent riding herd over a parade of teenaged mothers, deadbeat parents and argumentative spouses, the last thing Judge Harvey Brownstone wanted to deal with was another unrepresented litigant raising a smorgasbord of legal issues. 'This isn't a grocery store where you can come and tell me what you want,' the exasperated Ontario Court judge said...The vignette illustrates a problem that is plaguing the courts, Judge Brownstone said in an interview outside the courtroom. Litigants weaned on TV shows such as Judge Judy and People's Court seem to believe just about anybody is capable of representing themselves in court...'They have chosen to represent themselves, partly because they watch too much television and see that nobody has a lawyer on Judge Judy. They feel they can tell their own story better than any advocate could. But this is not television....'" More (Globe and Mail 05.16.2007).

Chief judge irked at blog postings. "The chief-judge-for-life doesn't much like the criticism of his regime that's busting out in the blogosphere. Undermines the judiciary, Broward Chief Judge Dale Ross complained...The judge's words were reminiscent of his letter published in The Herald last September complaining that one of my columns was undermining his judiciary...I had called the Broward judiciary a cabal of 'bubba judges' who maintained a good-ol'-boy system of cronyism usually associated with courthouses in unsophisticated rural backwaters...." From a column by Fred Grimm. More (Miami Herald 05.15.2007).

Comment. Without specific reference to this case and speaking generally, we've noted that whereas Presidents who are criticized over unpopular, unnecessary wars tend to claim the criticism aids the enemy, judges under fire seem prone to claim the attacks are undermining judicial independence. Check the speeches on judicial independence -- rarely do judicial orators bother to mention judicial accountability, which is the interdependent siamese twin of judicial independence. BTW, the blog, which we've linked to before, is located here.

Annals of judicial accountability. "The Saskatchewan Party called on NDP Justice Minister Frank Quennell Monday to make public the allegations that have led to the suspension of a provincial court judge [Prince Albert Judge Terry Bekolay] who will be subject to an inquiry...After raising the issue in question period, [Opposition justice critic Don] Morgan told reporters that Quennell should disclose the allegations because the 'rumour mill is running rampant in Prince Albert.'" More (Saskatoon Star-Phoenix 05.15.2007). Update. The judge has resigned, and the inquiry into who-knows-what apparently comes to an end. More (Saskatoon Star-Phoenix 05.21.2007).

Too many judges? "A yet uncompleted analysis of the Justice Ministry indicates that the Czech Republic has too many judges, though Czech courts are criticised for protracted proceedings both home and abroad, the daily Hospodarske noviny (HN) writes today. The Czech Republic has the highest number of judges per 100,000 inhabitants in the European Union, but its courts work slower than those in advanced countries, the paper writes...." More (Prague Daily Monitor 05.15.2007).

Former supremes claim death-row inmates not properly represented. "Three former Alabama Supreme Court justices are asking the country's highest court to hear the case of Alabama death row inmates who say they don't have adequate legal representation, but the state is arguing the inmates' claim is 'a work of fiction.'" More (Montgomery Advertiser 05.15.2007).

Judge is described as 'hopping mad' when told there's no room at the inn. "Supreme Court Judge Al-marie Sinclair-Haynes was hopping mad yesterday when she issued a stern warning that, unless suitable accommodation was provided for her, she was not going to preside in the West-moreland Circuit Court. The judge explained in court that she journeyed from Kingston to Westmoreland Sunday night only to find she had nowhere to stay...." More (Jamaica Gleaner 05.15.2007). Update. "[T]he Honourable Mrs. Justice A. Haynes...has done a great service to her colleagues and to Jamaica. The fact is that this incident with the learned judge's accommodation is symptomatic of the indignities which have, over the decades, been heaped on the judicial system in general and our judges in particular." From a letter to the editor by a lawyer. More (Jamaica Gleaner 05.23.2007).

Thieves attempt to steal courthouse ATM. "Arlington police were investigating whether an automated teller machine theft at a store Monday was connected to an attempted theft of a cash machine minutes earlier at a Tarrant County sub-courthouse...." More (Dallas Morning-News 05.15.2007).

Was judge banned from resort for allegedly sexual harassing masseuse? "A Memphis judge is banned from a Florida resort. He's accused of sexually harassing an employee. Eyewitness News Everywhere uncovered this is not the first time Criminal Court Judge Fred Axley has been accused of sexual harassment...On Wednesday, the Okaloosa Sheriff's Department was called to the Silver Shells Beach Resort in Destin[, Florida,] because of Axley. He was not arrested, but he was given a written trespassing warning. On it, a manager at the resort said 'this subject is barred permanently for sexual harassment of employees.'" More (ABC 24 Eyewitness News Memphis 05.15.2007). Update. Judge Axley announces retirement (Memphis Flyer 06.06.2007).

Honoring a judge by planting an oak. "While leaving Sunday services at St. Anne's Episcopal Church, landscape architects Eric Groft and his wife Shelley Rentsch noticed that the county courthouse courtyard seemed a bit bare, especially after a linden tree had come down. They decided to honor a friend with the gift of a tree in that location, and after working with various city and county officials over seven months, they fulfilled their wish. A 18-foot-tall, 3-year-old willow oak was planted Friday morning in the courtyard in memory of the late Judge Warren Duckett...'It'll grow about 60 feet tall, right in front of the window where the judge's office used to be,' Mr. Groft said...." More (Hometown Annapolis 05.13.2007).

Cardinal of Catholic church urges judges to forego salary hikes. "Cardinal Nicolás de Jesús López Rodríguez has told the Accounts Chamber judges that they should give up their [recent salary hikes] which he said were unjustified in a country where most workers earn low wages...." More (Dominican Today 05.13.2007).

Did SCOTUS get taken in by a video? "The Supreme Court recently rendered a decision based on watching a video -- and in so doing fell for a trick that has been seducing moviegoers for more than a century. The court's decision in Scott v. Harris holds that a Georgia police officer did not violate a fleeing suspect's Fourth Amendment rights when he caused the suspect's car to crash, rendering the suspect a quadriplegic. The court's decision relies almost entirely on the filmed version of the high-speed police chase...It may be the first time...that the Supreme Court has disregarded all other evidence and anointed the film version of the disputed events as the truth. In [so doing], the court fell into a dangerous and common trap of believing -- to the point of enshrining in our law -- that film captures reality...." From an interesting op/ed piece by Jessica Silbey, who is an assistant professor of law at Suffolk University Law School in Boston. More (Baltimore Sun 05.13.2007).

GOP judge upset at $2,300 donation in his name to Democratic campaign. "Matt Johnson started his day Monday by fielding a phone call from a friend who was wondering why the Republican judge had donated $2,300 to Democratic presidential candidate Bill Richardson. A Tribune-Herald story that day had listed a group of Waco residents who had donated to various presidential candidates and there was a Matt Johnston among the donors...He did a little digging, searching Richardson's donations on the Federal Election Commission Web site. What he found was more troubling. There is no explanation for why his name was misspelled, but the person who donated the money listed Johnson's previous residence in the 1500 block of Northcrest Drive for the address and listed 'self-employed' and 'attorney' as employer and occupation...." More (Waco Tribune Herald 05.13.2007). Comment. The investigation continues. The judge wants to make it clear he hasn't donated money to any presidential campaigns. Is it all a mistake? Or is it a mean practical joke played on him by someone -- sort of like someone's entering a judge's chambers and using his computer to access porn sites, leaving a hidden digital record behind, or someone's subscribing to a subscription to Playboy in the judge's name so that the issues will arrive at the court's mailroom and be spotted by court personnel. Update. Richardson confirms judge's claim, apologizes (Waco Tribune Herald 05.15.2007).

Complaint alleges supreme court justice went too far in trying to protect son. "Like any father, Roberto A. Rivera-Soto loves his son and does not want him to get hurt. But Mr. Rivera-Soto is a New Jersey Supreme Court justice, and he now faces an ethics complaint charging that he abused his position when he contacted several local officials in an attempt to help his son, who was having trouble with a teammate on his high school football team. In a rare action against a member of New Jersey's highest court, the state's Advisory Committee on Judicial Conduct, which filed the complaint on Friday, accused Justice Rivera-Soto of violating court rules...His lawyer, Bruce P. McMoran, said the justice broke no rules and acted reasonably. 'He's a father, and he acted like a father,' Mr. McMoran said...." More (New York Times 05.12.2007). Comment. A judge as father ought to be able to complain to school officials if someone at school is harming his son. The issue is whether the judge, by identifying himself to school officials as a judge, etc., tried to use his judicial position to get action.

Updates. Panel recommends censure (San Diego Union Tribune 07.11.2007); SCOTNJ, 5-0, upholds censure (NYT 07.21.2007). Comment. This being a teachable moment, I note that one of the mistakes the judge made was giving police his court business card in what was a personal matter. In all the years I worked for the state supreme court, I wisely never had the court provide me with any of the court business cards, which, if I recall correctly, carried an expensive gold-embossed state seal and were pretty impressive. Too impressive. And too tempting to use improperly to impress. And pretty vivid evidence to be introduced against one in a case like this. Sadly, I think at times, there ought to be a wall of separation between personal and judicial that is greater than that between church and state. Yale Law School Professor Charles Reich, in his 1976 autobiography, The Sorcerer of Bolinas Reef, distinguishes between a lawyer's "professional" or "public" self and his "real" self. Splitting one's self in this way can have significant adverse emotional and inter-personal consequences, as Reich and others point out, but failing to maintain a separation of the two can also have adverse professional consequences. As readers of this blog know, it is the "real" self that gets the "public" self in trouble every bit as much as the demands of the "public" self gets the "real" self in trouble.

Legislating judicial accountability. "Parties involved in civil lawsuits would receive information explaining judicial ethics rules and how to review judges' financial holdings under a bill approved by the [Wisconsin] Senate today...The bill would require court clerks to give people information spelling out when judges are required to recuse themselves. The document also would explain how to request a list of a judge's stock holdings and other income sources...." More (WBAY 05.10.2007).

Judge wants ex-wife's allegations in custody matter stricken. "District Court Judge Brad Allen says allegations made by his ex-wife are inadmissible in court and should be stricken from the public record. In a motion filed in Alamance County Superior Court earlier this week, Allen contends that an affidavit, which his ex-wife filed as part of an ongoing child custody and child support proceeding, is invalid because most of her allegations were prefaced with the phrase 'upon information and belief.' In his two-page response to the 15-page affidavit, Allen contends that affidavits are based on personal knowledge and cannot rely on information provided by others, which is what the phrase means...." More (Burlington Times-News - North Carolina 05.10.2007). Comment. Without reference to the specific facts of this case, one ought in general take all allegations in divorce, custody, family feuds, etc., as being just that, allegations, not proven facts. How respond if you're in the public eye? Many just grin and bear it. I know of a case in which a family member filed papers in a probate matter making blatantly false and defamatory statements against a public official. What did he do in response? Turned the other cheek.

Bulletin! Bare-bellied co-eds may face judicial action! "Several female students at Framingham State College are accused of stealing about one-thousand copies of the student newspaper, apparently because they thought they looked fat in a front page picture...The color photo in The Gatepost shows seven female students at a women's lacrosse game wearing tank tops and shorts with the name of a player spelled out on their bare bellies...." More (WHDH 05.10.2007). Comment. To my superannuated eyes, the babes' bellies look great.

Annals of judicial campaign supporters. From a letter by a supporter of a candidate for judicial office: "Tom Lonardo, my brother-in-law, is a brilliant man with a photographic memory. He knows law; he talks law, as well as eats and sleeps law. Because of his sharp mind and his compassion for victims, he will make sure criminals stay off the street. With Tom as a judge in Lehigh County, victims and survivors will not have to go through tortuous appeal processes because of judges' errors...He would be the people's judge...." More (Allentown Morning Call Online 05.10.2007). Comment. No more judicial error, no more time and money wasted on "tortuous" appeals! Who is that masked man wearing the black cape?!

Judge uses doggerel to silence squabbling attorneys. U.S. District Judge Sam Sparks of Austin, Texas, in Keystone Media International LLC vs. David B. Hancock, used doggerel to deal with attorneys squabbling over a deposition. It is quoted in full in the St. Petersburg Times and ends with these lines:

So, let me tell you both and be abundantly clear:

If you can't work this without me, I will be near.

There will be a hearing with pablum to eat

And a very cool cell where you can meet

AND WORK OUT YOUR INFANTILE PROBLEM WITH THE DEPOSITION.

More (St. Petersburg Times 05.10.2007). Comment. For a mini-essay on the use of humor and/or doggerel in judicial decisions, see, "Judge Hardy-har-har -- or Dan Rather as judge" at BurtLaw's Legal Writing at LawandEverythingElse.Com. For an excellent essay on rudeness and incivility among attorneys, see, Justice John Simonett, Civility and 'Generalized Reciprocity' (Bench and Bar February 2003).

Annals of high-profile trials -- herein of the 'D.C. madam.' "Star defense attorney Preston Burton was appointed yesterday to defend 'D.C. madam' Deborah Jeane Palfrey in federal court. (Palfrey, who has lost most of her assets to government seizure, had recently fired the public defender assigned to her case.)...How did he end up doing legal aid? The judge asked him...." More (Slate 05.09.2007).

Those defendants who stand before you accused of crime. "More than half of all defendants that appear before NSW courts suffer from mental illness or drug addiction according to a report released today by the NSW Bureau of Crime Statistics and Research...." More (AHN - Australia 05.09.2007).

Annals of judicial illnesses and conditions -- Parkinson's. "Some court reporters and attorneys who appear before [Lee County Circuit Court Judge Joseph] Simpson, who suffers from Parkinson's disease-like symptoms, are concerned his condition is affecting his speech, hampering their ability to record and transcribe cases and to defend clients...." More (Fort Myers News-Press 05.09.2007). Update. Judge is taking speech-therapy classes and will wear lapel microphone (Fort Myers News-Press 05.18.2007).

Judge, judge, please don't leave us. "When 61-year-old Judge Crispin B. Bravo announced his early retirement to his Metropolitan Trial Court staff just before the end of 2006 he didn't know that 21 members of his legal staff, lawyers and other judges would sign a petition asking him to reconsider...." More (Adventist News Network 05.09.2007). Comment. This is a Walter Mitty Fantasy of many judges -- to be missed after retirement. Other such Walter Mitty judicial fantasies? a) To be recognized as a celebrity by ordinary people when shopping, robeless, at the mall. b) To be as respected by one's kids as much as one seemingly is respected by sycophantic staff members, attorneys, etc. c) To be in attendance at one's own memorial service and hear scores of eulogists say things like, "This was a man!" d) To be paid as much as attorneys are paid at the big silk-stocking law firms. e) To hear a lecturer at a CLE course speak of one of one's opinions as "Holmsean." f) To argue in dissent that the guy is obviously innocent and then to have one's opinion vindicated ten years later by the Innocence Project. g) To get a call from the President's counsel for judicial appointments. h) To have Harvard Law Review devote a special issue to one's jurisprudence. i) To get a call from the producers of Judge Judy saying she's retiring and they have only one person in mind to replace her. j) To have one's kids make it through adolescence without being arrested and through college without getting put on academic probation. k) To get asked to write one's memoirs. l) To write a dissent to a circulating opinion and get all the other judges to sign on to the dissent, including the author of the circulating majority opinion. m) To spend a three-day weekend at the Fall's Motel with....

Former appellate judge is subject of a criminal summons. "Former state Court of Appeals judge David Barber of Prestonsburg has been named in a criminal summons by Floyd County school officials, charging him with second-degree criminal trespass. Floyd County Attorney Keith Bartley said yesterday Barber allegedly went into Prestonsburg High School last week 'unlawfully with the intention of having two minors engage in a fight.'" More (WKYT - Kentucky 05.09.2007). Comment. Apparently the allegation has something to do with a dispute his son was having with another student over a girl. See, Walter Mitty Fantasy j) above. A judge as parent is just an ordinary parent, just as prone to over-reacting when his kid is involved as any other parent. We hope the former judge will be cut the same slack any other parent would/should be cut.

Annals of judicial buildings. "The Alabama House voted Tuesday to spend up to $7.5 million to repair leaks and do other maintenance on the state judicial building...." More (Decatur Daily 05.09.2007).

Comment. The building is only 14 years old!

Someone wants to blow up the judge's house 'real good.' "Police arrested a man in northern Vietnam for attempting to blow up the house of a judge four times with homemade bombs after the judge ruled against him in a land dispute last year...." More (Thanhnien News 05.09.2007). Comment. In case you missed it, the headline's allusion is to one of the popular recurring sketches on the great SCTV, specifically: "Farm Film Report aka Farm Film Celebrity Blow-Up: Two hicks named Big Jim McBob (Flaherty) and Billy Sol Hurok (Billie Sol Estes and Sol Hurok, played by Candy) interviewed celebrities and ultimately encouraged them to 'blow up' (creating the catch-phrase '...blow'd up good, blow'd up real good!'). Exploded guests included Dustin Hoffman, David Steinberg (both played by Short), Bernadette Peters (Martin) and Neil Sedaka (Levy)." More (Wikipedia - Second City Television 05.09.2007).

Annals of free speech: defamation and public officials. "[Massachusetts'] highest court upheld a $2.01 million libel verdict against the Boston Herald yesterday in a sharply worded decision calling the newspaper's 2002 articles about Superior Court Judge Ernest B. Murphy 'defamatory and false.' The stories portrayed Murphy as soft on crime and generated widespread outrage by quoting anonymous sources as saying that the New Bedford jurist had declared of a 14-year-old rape victim, 'Tell her to get over it.'" More (Boston Globe 05.08.2007). Comment. I hope the newspaper gets SCOTUS to review the case on First Amendment grounds.

Judges who think they should be beyond criticism. "When judges talk about threats to judicial independence, which is constantly, they sometimes make important points about the value of the rule of law in a democracy. Other times they are looking for a pay raise. But lately, more and more, they seem to be saying their work should be above criticism. They have been lashing out at lawyers and even other judges who say harsh things about their decisions. ..." From Adam Liptak's "sidebar" titled A Bit of Thin Skin Peeks Out of the Robes (N.Y. Times 05.07.2007).

Pot-smoking judge pleads guilty, apologizes. "A Broward County judge [Circuit Judge Lawrence Korda] apologized in court Monday for smoking marijuana in a Hollywood, Fla., park, cutting a deal on his misdemeanor drug case but leaving his judicial career in jeopardy...." More (Ledger 05.08.2007).

A suspended chief judge's Walter Mitty fantasy come true. "The suspended chief judge of Pakistan told thousands of cheering supporters Sunday that dictatorship was a thing of the past and that states which ignored the rule of law and basic rights got destroyed. Chief Justice Iftikhar Chaudhry arrived in the eastern city of Lahore after tens of thousands of supporters turned out to greet him as he traveled by road from Islamabad. The trip normally takes four hours but took him more than 20...." More (IHT 05.06.2007).

Judge is disciplined for 'passing' on some traffic tickets. "The Mississippi Supreme Court has suspended Union Municipal Judge Benton Rex Gordon Jr. for 30 days for fixing 14 traffic tickets in his court...Gordon said it is unfortunate he was suspended, but that his actions were in response to what he thought was an unfair way of issuing the traffic tickets. 'There was a situation where people were getting stopped, and some got tickets and some didn't and I didn't think that was fair...Either you give a ticket to all or don't give a ticket to any.' Gordon told [the issuing officer] that he intended to 'pass' all of the citations to the files and issue warning letters to the defendants instead...." More (Jackson Clarion-Ledger 05.05.2007). Comment. This is not what one commonly thinks of when I think of "fixing" tickets. The judge's error, I guess, was that he didn't wait until those ticketed appeared in court and contested the fairness of the process that led to the issuance of tickets. Further reading. Judges judged on handling of traffic tickets - Procedures may be changing in Dakota County, where some judges have settled cases in an informal manner (Minneapolis Star-Tribune 05.04.2007).

Judge tells drinker hamburger would have slowed absorption of booze. "It may have been a tongue-in-cheek, eyebrow-raising comment, but 'old drinker' Judge Barry Morris seems to know what he was talking about. During a sentencing this week, Judge Morris asked Hastings drink driver Peter Brittin whether he had 'problem with grog or was it just a night out drinking?' 'Take a tip from one old drinker to another. Have a dinkum old-style hamburger first -- not the modern ones.' Massey University nutritionist John Birkbeck said yesterday Judge Morris was correct in his advice to Brittin..." More (New Zealand Herald 05.05.2007).

Judge is charged with misconduct for criticizing colleague in written opinion. "For daring to question the ethics of a fellow judge, 1st District Court of Appeal Judge Michael E. Allen is facing formal misconduct charges...In charges filed with the Florida Supreme Court, the [state's judicial qualifications] commission said that by criticizing Judge Charles J. Kahn Jr. in a written court opinion, Allen could 'impair the confidence of the citizens of this state in the integrity of the judicial system.'...The charges against Allen stem from a June 28, 2006, court decision affirming the bribery conviction and prison sentence given former Sen. W.D. Childers...A three-judge panel headed by Kahn voted 2-1 to overturn the conviction...Over Kahn's vehement objections, the full appeal court reconsidered the case and voted 10-4 to uphold the conviction...." More (St. Petersburg Times 05.04.2007). Further reading. Judicial rift surfaces (St. Petersburg Times 04.11.2007). Speaker of House opens investigation of Judge Kahn (St. Petersburg Times 12.08.2006). Judge Kahn gives up role as chief in face of revolt by fellow judges (St. Petersburg Times 11.18.2006). Comment. The JQC said Judge Allen should have reported his belief to the commission rather than stating it in the opinion. I think the JQC is wrong. Allen, as judge of a multi-judge appeals court, may have breached one's notion of colleageal ettiquette in criticizing in an opinion a fellow judge's failure to recuse, but I don't believe what he did constitutes judicial "misconduct."

A judge's $65 million lawsuit against immigrant cleaners over lost pants. In May of 2005 a District of Columbia administrative hearings judge, Roy Pearson, took some suits in to The Chungs, immigrant dry cleaners from South Korea, for alteration. When one pair of pants went temporarily missing, the judge demanded he be reimbursed over $1,000, the price of the suit. Two days later the Chungs found the pants and refused to pay. The judge sued, representing himself. The Chungs have offered to settle on three occasions - the last offer being $12,000. But the judge wants $65 million: a) consequential damages of $15,000, which he says is the price to rent a car every weekend for 10 years to drive to another cleaner; b) statutory penalties, pursuant to the D.C. consumer protection law, of $1,500 per violation, per day or 12 violations over 1,200 days, multiplied by the three Chungs. The judge "has appointed himself to represent all customers affected" by what he terms the Chungs' "fraud," a claim based on some signs promising satisfaction and "same-day service." A former National Labors Relations Board chief administrative law judge, Melvin Welles, is quoted in The Washington Post urging "any bar to which Mr. Pearson belongs to immediately disbar him and the District to remove him from his position as an administrative law judge." More (Washington Post 05.03.2007). Comment. Why wear (wear out!) expensive suit pants sitting on the bench? Try our innovative BurtLaw Judge-Endorsed Bench Pants. Updates. a) In an admirable and touchingly conciliatory gesture, the judge has reduced his claim from $67 million to $54 million. More (Washington Post 06.06.2007). b) Judge breaks down while testifying in support of his claim. More (Washington Post 06.12.2007). c) Some scenes from the trial (Washington Post 06.18.2007). d) Judge rules against judge (Washington Post 06.26.2007).

Attorney files judicial conduct complaint alleging judge made racist remarks. A 29-year-old black Dallas attorney, Nuru Witherspoon, says 18-year-veteran Tarrant County Judge R. Brent Keis made racially-insensitive comments last month during a hearing on a personal injury claim filed by Witherspoon's clients against an insurer based on a traffic accident. When Witherspoon introduced himself, the judge allegedly asked him the origin of his first name, Nuru, and Witherspoon said it was African but he was not from Africa. The judge then allegedly said "that he thought slavery and the Middle Passage made my people better athletes," that "weak slaves were thrown overboard and never made it to the Americas." Witherspoon also alleges the judge made inappropriate statements in giving what the judge says is his standard spiel to litigants, that a trial is like a roulette wheel but that "if [plaintiffs] want to 'bet on black,' it's [your] choice." The judge says he should have said "You can bet on red." He says the conversation about athletics was "off-the-cuff" and Witherspoon misunderstood his comments as racist. More (Houston Chronicle 05.03.2007).

Judge acquits city manager of charges stemming from using ladies restroom. "An Allegheny County Common Pleas judge has agreed with Carnegie Manager Stephen Vincenti that his use of the ladies restroom in the municipal building last spring was an innocent mistake. Judge Robert C. Gallo found Mr. Vincenti not guilty of one count each of defiant trespass and disorderly conduct April 25 for using a second-floor ladies' restroom instead of the adjacent men's restroom on May 1, 2006...." More (Pittsburgh Post-Gazette 05.03.2007). Comment. In the spring of 1966, while I was a 2L at Harvard Law living in Ames Hall, a male residence hall (there were no co-ed dorms in those days), I was in the men's room one weekend night minding my own business when an attractive young woman who presumably was on a date with one of my dorm mates emerged from one of the stalls. I must have looked surprised because she said something about "In Europe, all the bathrooms are co-educational." My quick beer-influenced reply, "What's 'educational' about going to the bathroom?" Needless to say, I never thought of reporting the incident or filing a complaint.

Chief judge is removed over altercation at daughter's softball game. "[In Kykotsmovi, Arizona t]he Hopi Tribal Council met in special session Tuesday and voted 11-6-3 to terminate the employment of Hopi Tribal Court Chief Judge Gary LaRance for cause following his arrest April 14 on disorderly conduct and assault and battery charges... The altercation and assault consisted of yelling and a physical fight, which reportedly caused both teams to lose concentration and resulted in spectators who witnessed the confrontation stepping in to break up the fight, the complaint states...." More (Gallup Independent - New Mexico 05.03.2007).

Ex-judge is sued for back taxes. "The federal government has sued former state District Judge Hector Villarreal for tax evasion, accusing him of owing more than a $1 million since 1993...." More (The McAllen Monitor - Texas 05.03.2007).

Annals of judicial fisticuffs. "A Lancaster County district judge pleaded guilty Tuesday to charges of misconduct for twice punching a police officer during a June 10 altercation. In a deal worked out just prior to a hearing in Harrisburg before the state's Judicial Conduct Board, District Judge Maynard A. 'Bud' Hamilton, whose district covers Pequea, Strasburg and West Lampeter townships and Strasburg Borough, admitted punching Sgt. Robert Buser of Southern Regional Police Department at a golf course...." More (Lancaster Online - Pennsylvania 05.03.2007). Comment. The story contains excerpts from the detailed complaint. The dispute apparently began at the courthouse and erupted into a physical altercation at a birthday party for a mutual friend at the golf course. We hope the board goes easy on the judge. Like every dog, every judge deserves at least one bite before he's sent off to the metaphorical pound.

Ye olde courthouse bar, restaurant and beauty salon. "Plans to convert Peebles' former court building into a bar, restaurant and beauty salon have been approved by Scottish Borders Council...." More (BBC News 05.02.2007).

Judge lashes out at 'fake lawyer.' "'Ons skrik vir niks (we are scared of nothing)' was the advertising slogan of alleged 'fake attorney' Marthinus Gouws. Yet there was little of that tough veneer to Gouws when he was ordered into the witness box during a murder trial and hauled over the coals by Judge Siraj Desai for allegedly fleecing R11 050 from the disadvantaged parents of a young murder accused...." More (Independent - South Africa 05.02.2007).

Expert: sleeping judges need help, not dismissal from service. "Author Professor Ron Grunstein, head of sleep and circadian research at the Woolcock Institute of Medical Research in Sydney, [has] condemned an Australian case in which a New South Wales District Court judge was forced to retire after media reports of his [on-the-bench] sleeping habits...Prof Grunstein argues that occupational sleepiness in white-collar workplaces such as courtrooms and hospitals is a serious issue [but] not uncommon. The specialist examined 15 cases of judicial sleepiness, including the Dodd case and others involving The Hague War Crimes Tribunal and US Supreme Court. He condemned Judge Dodd's dismissal...." More (Sydney Herald-Sun 05.02.2007). Comment. For some of my views on judicial napsters, click here.

First drug courts, then gambling courts -- why not pickleball courts? "When the city of Cadillac asked residents what kind of recreational activities they would like, many requested pickleball courts. The sport, which is popular with senior citizens in the south, is growing in popularity more and more up north. 'I received about 12 requests (for the rec plan), and half of them were from seniors requesting pickleball courts,' said Cadillac Area Community Director Jerry Adams...." More (Cadellac News 05.02.2007).

Search sought of Elysee Palace in inquiry into judge's death. "Two judges tried to enter and search France's presidential palace on Wednesday in an inquiry linked to the death of a French judge in Djibouti in 1995, judicial sources said. The attempted search...occurred as outgoing President Jacques Chirac held his last cabinet meeting. The judges arrived with police officers and experts but were not immediately granted access to the African affairs department they were hoping to search...Djibouti authorities initially said [Judge Bernard] Borrel, who had been working as a consultant to the country's Justice Ministry, had committed suicide, but his widow has accused high-ranking local officials of involvement in the murder of her husband...." More (The Scotsman 05.02.2007).

Impoverished judges hold rally for pay boost. "Judges stood on the steps of Bronx Supreme Court yesterday asking for justice -- in their paychecks. The more than 60 men and women wearing their black robes noted that they have not gotten a salary increase in nine years...." More (N.Y. Post 05.02.2007). Comment. Our hearts go out to the impoverished judges, who are paid only $136,700 and are demanding a pay hike of only 21%.

Chief criminal judge requests transfer over allegations he used acronym 'NHI.' "[Broward County] Criminal Administrative Chief Judge Charles Greene -- who has been on the bench for nearly two decades -- [has] requested [a] transfer one day after Public Defender Howard Finkelstein asked the county's chief judge to remove him for using the acronym 'NHI,' which Finkelstein said stands for 'no humans involved.' The pejorative phrase...dates back to the 1970s and was used to describe why some crimes against prostitutes, gays or blacks may not be pursued as vigorously as those with white victims, Finkelstein said. The case he was presiding over involved black victims, a black defendant and a black witness...." More (Miami Herald 05.02.2007). Further reading. "Chief Judge Dale Ross on Friday announced his decision to invite Shahrukh S. Dhanji of the state's Commission on Human Relations to help the circuit address diversity and human-relations concerns." More (Sun-Herald 05.05.2007). Comment. Some of the Broward judges are complaining about JAABLOG, a blawg (law blog) that Broward "defense attorneys last year started chronicling courthouse issues...with reports of judges' impatient and condescending behavior among the top issues." Id. Update. Judge Greene is cleared of wrongdoing (Miami Herald 07.04.2007).

You be the judge. "The 'You be the Judge' event is giving people in Cheadle, Stockport the chance to hear real cases and decide on the sentence they feel fits the crime...[C]ases are being presented to the panel, made up of residents from the area, by a crown court judge, magistrates and other members of the criminal justice system. All cases are real but have key elements changed to protect the identities of those involved. After the sentencing decisions are made, the judge will read out the real verdict and explain how the decisions were reached...." More (BBC News 05.02.2007).

Judicial norms in Pakistan -- the good old days. "After Shahabuddin became judge of the high court, Aziz, a practising lawyer at the time, went to see him at his residence. He was surprised to see that Shahabuddin ha[d] become pale and frail. When he asked the reason behind his falling health, the judge replied that after his induction in the judiciary, he ha[d] stopped meeting people and going to any function and ha[d] no social life...Sajjad's grandfather Mohammad Sharif became high court judge in 1945. At the time, the judges were allowed to attend only two official functions organised to welcome and bid farewell to the governor general. Sharif used to often find fault with his son-in-law, also a superior court judge, when the latter would go to different functions and would take part even in poetry competitions. 'The judge should keep himself away from such engagements,' the elderly man would say...." From an interesting background piece by Tariq Butt titled "A Tale of Two Judges," on the judicial crisis in Pakistan. Focusing on the behavior of the embattled Justice Iftikhar Muhammad Chaudhry, the author says that the judicial norms against engaging in media hype, meeting with members of the other branches of government, etc., "have undergone drastic changes" -- not for the better -- in recent years. More (The News - Pakistan 05.01.2007).

China reports detained judge died in cell of 'adult sudden death syndrome.' "A judge charged with corruption died in his cell from 'adult sudden death syndrome,' Xinhua news agency has reported. Investigators said that Li Chaoyang, 38, had been unco-operative while in detention in Xing'an county in the Guangxi Zhuang Autonomous Region in south-western China. 'Cuts on his face and other injuries' had been caused by a fall during an escape attempt, they said...Shi Shaosen, head of the Guilin municipal law enforcement supervisory section and chief investigator in the case, said the prisoner had not been maltreated...." More (The Age - Australia 04.30.2007). Comment. Believing in balance and fairness, we have no hesitancy in giving the same full faith and credit to the news agency's report that the judge was "mentally unstable" and not subject to coercive interrogation as we would give to a similar report by the White House regarding the death by "adult sudden death syndrome" of one of the detainees at Gitmo.

Judge, a supreme court wannabe, is landlord of problem apartments. The Philadelphia Inquirer published a story yesterday about Common Pleas Court Judge Willis W. Berry Jr., who hopes to serve on the troubled PA Supreme Court. Berry, it appears, owns eleven rental properties in north Philly and has not been doing a super job of maintaining some of them. It also appears he's been running his business from chambers: "There's a sign on the door [of one unit]: 'For Rent, 215-683-7124.' Dial the number and the phone rings in the [judge's] chamber[s]." More (Philadelphia Inquirer 04.29.2007). Related. Judge's public office, staff used for personal business (Philadelphia Inquirer 04.29.2007). Comment. Might this all be the result of judges being dramatically underpaid? It would seem possible. The Inquirer reports: "Berry, who is paid $152,000 a year as a judge, also said financing the repairs had been a problem: 'I can't seem to borrow no money,' he said." (For my views on judicial pay, see, Ten out of 10 pundits agree: Chief's Report on paltry pay was appalling and included links.)

Toilet in Palace of Justice is found clogged with 30 pounds of marijuana. "Courthouse maintenance workers responding to a complaint about a clogged toilet found 14 kilograms (30 pounds) of hashish in a pipe leading from a restroom used by prisoners, officials said Monday...." More (IHT 04.30.2007).

Judge whose estate has been mismanaged may be released from nursing home. "A state Supreme Court judge took matters into his own hands yesterday in the guardianship matter of retired Judge John Phillips, who has been languishing in a Bronx nursing home for two years while a battery of attorneys wrangle over his mismanaged estate. At a hearing yesterday, state Supreme Court Justice Michael Pesce gave his tentative approval of plans for Phillips to move into Castle Senior Living, an assisted living facility on Prospect Park West in Park Slope, Brooklyn -- pending approval from Phillips' niece and personal guardian, Symphanie Moss...." More (Brooklyn Daily Eagle 04.30.2007).

Annals of judicial selection: the secret commission process. "The secret process of applying for a judicial appointment is an arduous one that begins with a lengthy application and ends, with luck, in the governor's office. Applicants are culled by Sharon Majors-Lewis, Gov. Arnold Schwarzenegger's judicial appointments adviser. If the applicant has the required 10 years of legal practice, she said, they are usually vetted with a local judicial selection advisory committee made up of members of the Monterey County Bar Association. Majors-Lewis said members of that committee are kept confidential so they won't be lobbied...." Those selected by that committee go to the state bar association's judicial nominee evaluation committee. There are 38 members but only four or five of the 38 evaluate any one applicant's papers and references, and only one or two interview the applicant. The committee then ranks them and conveys the rankings to the governor's office. The governor's adviser makes recommendations. The governor may ignore the rankings. The names of unsuccessful applicants aren't revealed. More (Monterey County Herald 04.29.2007). Comment. Sounds like a judicial selection process that is of the bar association, by the bar association, and for the bar association. We prefer the long-standing Minnesota Plan, with the ultimate authority for selecting (and not just confirming) judges resting where it belongs, out in the open, with the People.

When a judge appears on TV antiques show with a valuable court document. "When an appraiser told retired judge Bruce Chandler on national TV that a 1976 affidavit signed by then-presidential candidate Jimmy Carter could be worth $5,000 or more, tongues throughout Maine legal circles began to wag. The affidavit was part of Carter's successful legal challenge to Maine's decision to identify Carter as 'James Earl Carter' on the 1976 presidential ballot rather than his better-known moniker, 'Jimmy.' Chandler got ahold of the one-page legal document because he represented Carter's campaign in Kennebec County Superior Court while working as a lawyer for the Maine Democratic Party." The judge reportedly told PBS's Antiques Roadshow, "This was an exhibit that was entered into evidence in the hearing we had. When the hearing concluded, I simply asked the judge if I could have his permission to substitute a copy for the original. No problem. It's done all the time in lawsuits and so, as a result, I have the original. It's hung on the wall of my office for a while and it's just been a family keepsake." More (Kennebec Journal 04.29.2007). Comments. a) My tongue is not wagging. I take the judge's explanation at face value. b) The judge's appearance on the show has spurred a debate in Maine about the importance of uniform practices in the maintenance of court records.

'Save our courthouse.' "A crowd gathered at the county courthouse Saturday despite the chilly and overcast morning, frequently applauding and raising their voices to echo a sentiment posted on a nearby sign: 'Don't tread on the courthouse.' A trio of speakers -- including an impersonator of the 1884 building's long-dead architect -- spoke on behalf of saving the structure slated by county officials to be totally or partially razed." More (Tiffin Advertiser-Tribune - Ohio 04.29.2007). Comment. The best depiction of what is taken when a beloved public building is taken down was a 1971 episode of Rod Serling's Night Gallery, "They're Tearing Down Tim Reilly's Bar," which Serling said in his final interview was one of his favorite creations. Among the beloved buildings of my youth in a small town in western MN that have been demolished are the Carnegie library, the southside grade school, Our Savior's Lutheran Church, and the Great Northern Ry. Depot. Another such building, the Paris Hotel, was destroyed by fire. The old courtroom in the courthouse was, I believe, cut up to make smaller courtrooms, and a not-attractive-to-my-eyes jailhouse addition to the courthouse was built. The wonderful Railroad Park was diminished in size to provide more downtown parking. The destruction of each historic building is one more reason for me not to go home again -- except in memory. But people around the country are showing there are alternatives to tearing down beloved old public buildings. Any community that wants to save historic main streets, promote restoration rather than teardowns (& the obscene McMansions that replace them), etc., should contact former-Minnesotan & former-Mondale-aide Richard Moe and his staff at the National Trust for Historic Preservation, a terrific organization. Too bad the folks in my hometown didn't have the wisdom to do that. But, wait! It's never too late to start afresh. I'm thinking of the historic second-floor Benson Opera House, which, last I heard, was used for storage by its private owners. Perhaps funds could be obtained to purchase and restore it.

Judge to take four-month leave for hip replacement. "Dodge County Circuit Judge Daniel Klossner is taking a four-month medical leave of absence for hip replacement surgery. Klossner says he needs the operation to correct an injury he sustained during the Vietnam War...." More (WKBT - Wisconsin 04.29.2007). Comment. We've got an idea. Why not schedule a month for the surgery and post-op, then work for a year, take a month off for the next stage of recovery, work another year, take... -- that approach would minimize the disruption to the judicial process. It's our way of supporting the goal of Better Justice Through Smart Professional Judicial Administration. Seriously, we wish the judge well.

Former P.M. is acquitted of judicial bribery. "Silvio Berlusconi, the Italian billionaire, media magnate and former president, has been acquitted of judge bribery by a Milan appeals court...." More (Post-Chronicle 04.28.2007). Comment. Silvio, Silvio, we always assumed you were innocent. We based our pre-judicial assumption on a quaint concept called the presumption of innocence.

Judge is admonished for rudeness toward attorney. "Superior Court Judge Ronald M. Sohigian was admonished by the state Commission on Judicial Performance for treating an attorney in a 'belittling, rude and sarcastic manner.' Sohigian, 69, was criticized Thursday for ordering the lawyer -- who did not have a document with him -- to research an issue at the law library across the street and return to court in 20 minutes...." More (San Diego Union-Tribune 04.28.2007). Comment. Judges need to model their courtroom behavior on classroom behavior of kindergarten teachers. Instead of being sarcastic and negative with underperforming attorneys, they need to employ positive reinforcement, as by awarding stickers and paper stars and certificates of accomplishmentto those who comport themselves admirably.

Female judge is punished for supporting suspended Pakistani chief justice. "Civil judge Sajida Chaudhry, who was the first serving judicial officer to have shown support to the controversially suspended chief justice of Pakistan, Iftikhar Chaudhry, at his maiden address to the Rawalpindi Bar on March 26, has been posted to Bhakkar, several hundred kilometres from her family...." More (Gulf Times - Qatar 04.28.2007).

Circuit judges request investigation of prosecutor for remarks in speech. "In a highly unusual move, all nine Circuit Court judges have filed a complaint with the Virginia State Bar against Commonwealth's Attorney Harvey Bryant. The judges have asked the bar to investigate whether Bryant violated State Bar ethical rules during a Republican breakfast at the Beach on Feb. 3...According to Harvey, the judges' letter, dated Feb. 7, stated in part: 'During his speech, Mr. Bryant reportedly criticized the Virginia Beach judiciary and made the statement that he was keeping a record of all the 'illegal conduct' of Virginia Beach judges 'until I need it'...." More (Virginian Pilot 04.28.2007). Comment. The prosecutor says the judges' info is wrong. I say, "First Amendment." Since when are judges immune from criticism -- even unfair or inaccurate criticism -- in speeches made outside of court? Or, to put it differently, who the hell do they think they are?

Judge's stepfather pleads guilty to sexually abusing her as child. "Richland County Probate Judge Amy McCulloch tearfully watched Friday as her former stepfather pleaded guilty to repeatedly sexually assaulting her about 30 years ago...McCulloch publicly revealed in September that she had been molested repeatedly by her stepfather starting when she was 9 years old until she was 15. Through her attorney, Earl Ellis of Columbia, she said then she decided to go public after learning McMillan was using her name to arrange tennis lessons with children...." More (The State - South Carolina 04.28.2007).

Judge is acquitted of charge he accepted bribe. Last January Taipei District Court judge Wu Meng-liang acquitted TV show host Hu Gua of charges he installed hidden cameras in his house to cheat fellow mahjong gamblers. Someone alleged Wu accepted a $300,000 bribe to acquit him. Now the judge has been acquitted. More (Taipei Times 04.28.2007).

A tale of two courts. "The American judicial system, while hardly perfect, is a far cry from the middle ages when Jews could expect unjust and partial treatment before civil courts. I have seen just as many miscarriages of halacha before various bet dins as miscarriages of justice before civil courts. Indeed, I have found that a vast majority of claims are decided identically pursuant to halacha as civil law...." From an entertaining piece by Ari Weisbrot titled A Tale of Two Courts (New Jersey Jewish Standard 04.28.2007).

The Catholic Court? "Here is a painfully awkward observation: All five justices in the majority in Gonzales [v. Carhart, the much-criticized recent 5-4 abortion case] are Catholic. The four justices who are not Catholic all followed settled precedent. It is embarrassing, indeed mortifying, to point this out. Perhaps it is mere coincidence. But it is too obvious to ignore. However awkward the question, it is legitimate to ask whether, in deciding this case, the five justices in the majority ignored the critical line between religious belief and public morality...." Geoffrey Stone, Our Faith-Based Justices (Belief.Net 04.26.2007). For a contrary view, see Richard Garnett, Carhart, Casey, and the Supreme Court's Catholics (Jurist 04.25.2007).

Judge gives low bond to defendant after he passes Bible quiz. The Cincy Enquirer reports that Eric Hine, 43, appeared before Hamilton County Municipal Court Judge John Burlew on a charge of wrongly using a stolen credit card. Hine's attorney, seeking low bond, said Hine was employed and a regular church-goer. Judge Burlew tested Hine, to see if that latter averment was true, asking him to recite the 23rd Psalm. "Hine then reeled off all six verses and 118 words -- and even drew some applause from those sitting in the courtroom. Burlew was true to his word and released Hine on a $10,000 unsecured appearance bond." More (Cincinnati Enquirer 04.26.2007). Update. SCO-OH (Supreme Court of Ohio) says judge did no wrong (Cincinnati Enquirer 07.13.2007).

Ethics complaint by abortion opponents against judge is dismissed. "A state panel has dismissed an ethics complaint filed by abortion opponents against a Sedgwick County district judge [Paul W. Clark] who threw out a criminal case against the state's best-known abortion provider...." More (Lawrence Journal-World 04.26.2007). Comment. The outgoing A.G., an anti-abortion activist, filed the criminal charges against the provider. The day after the A.G. left office, the D.A. moved for dismissal of the charges, and Judge Clark granted the motion. The ethics complaint argued that Clark should have disclosed that during his 2004 re-election campaign he received maximum contributions of $500 each from the law firm representing the doctor and from the D.A.

Facing re-election, MI's C.J. joins the state's cost-saving parade. Michigan has a "fiscal emergency" and people have been looking around for ways for the state to save money. As readers of The Daily Judge know, someone from the Detroit Free Press called the public's attention to the fact that Michigan's appellate judges have been driving state-owned cars. Now, Brian Dickerson, who has written a number of interesting pieces focusing on MI's troubled supreme court, has written one about MI's chief justice, Cliff Taylor, titled, "Hurrying to the front of the parade." It's worth reading in its entirety. An excerpt:

It has been a week of epiphanies for Cliff Taylor, chief justice of the Michigan Supreme Court. First, he's shocked to discover that he and other appellate judges have been driving cars paid for by Michigan taxpayers -- an indefensible luxury, the chief justice says, given the state's fiscal emergency. Then it turns out that, in the years since Taylor's wife vetted most of them for appointment by former [Republican] Gov. John Engler, some of the judges Taylor oversees have had so little to do that, once they retire with full pension benefits, it will be unnecessary for Engler's Democratic successor to replace them...How is it, you're wondering, that neither of these cost-saving opportunities occurred to Chief Justice Taylor until now?

More (Detroit Free Press 04.26.2007). Further reading. Chief Justice urges judges to turn in cars, calls for reduction in number of judges through attrition (Detroit News 04.23.2007). Most appellate court judges volunteer to give up state cars (Detroit Free Press 04.26.2007). Comment. Perhaps Taylor is thi