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."

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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.

Bush commutes 'Scooter' Libby's prison sentence. "President Bush said today that he had used his power of clemency to commute the 30-month sentence for I. Lewis Libby Jr., the former top aide to Vice President Dick Cheney, who was convicted of perjury in March and was due to begin serving his time within weeks. The action, announced just hours after a federal appeals court denied Mr. Libby's request to allow him to remain free while his case is on appeal, spares Mr. Libby his prison term, but it does not excuse him from stiff fines or probation...." Bush explained, in part: "I respect the jury's verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive." More (NYT 07.02.2007). Comment. Four comments. a) Believing that, if need be, Bush eventually (late in 2008 or early in 2009) will issue an outright pardon, we think the commutation gives Libby the best of both worlds: he won't have to serve any time in the clinker and, if he wants, he still can go forward with the appeal, which may well give him a reversal of his conviction, something that may be better, from his perspective, than a pardon. b) It's funny that Bush, of all people, who never saw an Alberto-Gonzales-reviewed death warrant he wasn't gung-ho to sign, thinks the sentence was excessive. I, too, think it was excessive, but I'm an old believer in rehabilitation (and quaint things like redemption) and a softie on punishment, believing we incarcerate way too many people for way too long a time and ought never kill people for criminal conduct. See, Burton Hanson on Crime and Punishment, and comments accompanying Former judge to serve year under house arrest. c) The botoxicated Hillary Clinton, who brought the big lug along to Iowa yesterday to help her out (that's okay, guys have been bringing their Pat's & Betty's & Hillary's along for generations to help them out),

spoke to the BBC about the commutation. (I typically leave the BBC on on my radio all night long and listen in my sleep so I heard it all night long.) She said, presumably with a straight face: "What we saw today was elevating cronyism over the rule of law. And what we saw today was further evidence that this administration has no regard whatsoever for what needs to be held sacred."

I guess we should file that under "Chutzpah." We never agreed with those who tried to impeach and remove Bill Clinton but we also shouldn't forget that it was Bill Clinton himself who benefited from a pretty sweet plea on January 19, 2001, shortly before he left office, a deal negotiated by his lawyers and Special Prosecutor Ray and President-elect Bush's lawyer. See, Nat Hentoff, Clinton's Deal: Justice Denied (Village Voice 02.14.2001 issue). Nor should we forget that Bill Clinton himself sort of "elevated cronyism" to Mt. Everest heights when, hours before he left office on January 20, 2001 he announced he'd granted 140 pardons (and several commutations), including controversial pardons to his own half-brother, old political cronies, former office-holders, and big campaign contributors. See, Bill Clinton Pardons Controversy (Wikipedia). d) Two trends, mong many others, have been apparent at least since the Nixon presidency: the politicization of crime, and the crimilization of politics. Here's a related one: the pardon power seems to be used primarily to pardon the politically powerful and/or influential or those whose cases have caught the attention of the politically powerful and/or influential.

Inmate temporarily holds people hostage in courthouse using 'paper gun.' "[Inmate] Andre David Leffebre, 44, took several hostages this morning at the Jefferson County Courthouse with the use of a paper gun, according the Sheriff's Department...." More (Port Arthur News - Texas 07.02.2007). Comments. a) Lest you think this is something new, see, Student is suspended for possessing paper gun made from folding sheet of loose-leaf paper (Newport Daily Press 11.02.2000); Inmate escapes using toilet paper gun (CNN 02.08.2004). b) One needs, I think, to distinguish between paper guns painstakingly made to look and feel like real guns, on the one hand, and those paper "pop" guns we made as kids out of paper which "popped" when given a quick tomahawk downward movement of the hand holding the "gun." Further reading. How to make a paper cracker - Free rubber band gun plans - Rubber band guns - How to make a paper-wad-shooting gun. Variations. Similar childhood toy guns that I recall making and/or using in the 1950's include: rubber guns, peashooters, slingshots, cap guns, squirt guns, pingpong guns, bb gun.

Advice from Emerson: Don't be fooled into thinking a popgun is real. "[I]t becomes [Man Thinking] to feel all confidence in himself, and to defer never to the popular cry. He and he only knows the world. The world of any moment is the merest appearance. Some great decorum, some fetish of a government, some ephemeral trade, or war, or man, is cried up by half mankind and cried down by the other half, as if all depended on this particular up or down. The odds are that the whole question is not worth the poorest thought which the scholar has lost in listening to the controversy. Let him not quit his belief that a popgun is a popgun, though the ancient and honorable of the earth affirm it to be the crack of doom. In silence, in steadiness, in severe abstraction, let him hold by himself; add observation to observation, patient of neglect, patient of reproach; and bide his own time, -- happy enough, if he can satisfy himself alone, that this day he has seen something truly. Success treads on every right step. For the instinct is sure, that prompts him to tell his brother what he thinks. He then learns, that in going down into the secrets of his own mind, he has descended into the secrets of all minds...." -- From Ralph Waldo Emerson, The American Scholar, An Oration delivered before the Phi Beta Kappa Society, at Cambridge, August 31, 1837.

How's judicial independence doing in Hong Kong the Reds are in charge? A good article on this appears today, 07.03.2007, in the UK Times. Click here.

Judge doesn't seem to like school's super-strict dress code. "Students seeking to knock out Redwood Middle School's strict dress code won the first round Monday, when Napa County Superior Court Judge Raymond Guadagni ruled the students and their families 'established a substantial likelihood' of winning their constitutional challenge to the code...[Plaintiffs argue that the] -- which bans denim, clothes with logos, stripes and articles of certain colors -- violates First Amendment rights and the state educational code...[O]ne of the students in the lawsuit charged she was disciplined for wearing socks with the Disney character Tigger from Winnie the Pooh stitched on them...." More (Napa Valley Register 07.03.2007). Comment. "Before I built a wall I'd ask to know/ What I was walling in or walling out,/ And to whom I was like to give offence./ Something there is that doesn't love a wall,/ That wants it down!" Robert Frost (1874-1963), Mending Wall, North of Boston (1915). Something there is in the soul of a freedom-loving American (be he a school kid or a boss or anyone else) that doesn't love a dress code. Too often we in the law get everything backwards. We say corporations have more rights under the First Amendment than school kids and we leave the kids with a sour taste in their mouths -- about education, about the law, about authority. Related reading. On courthouse dress codes and judicial fashions, see, Courthouse Fashion, part I: Another judge tries instituting courthouse dress code; Courthouse Fashion, part II: The Viking influence on judicial fashions; Courthouse Fashion, part III: Judges voice objection to some lawyers' attire. Note. Not content to just comment on courthouse dress codes and fashions, we've been trend-setters in designing new and more versatile BurtLaw Super-Privacy Robes, in marketing innovative BurtLaw Judge-Endorsed Bench Pants and BurtLaw Judicial Swimsuits, in identifying the need for judicial makeovers, in developing BurtLaw Gravi-Tox, in creating BurtLaw Judicial Hair Extensions...the list goes on....

Ye olde courthouse ice cream social. "The Henderson County Historic Courthouse Corp. is sponsoring an ice cream social, with free ice cream, music and a short program, at 2 p.m. Wednesday in front of the Historic Courthouse...." More (Times-News - NC 07.02.2007). Comments. a) If I come, will I be searched from head to toe and have my cell-phone confiscated? :-) b) Here's a fresh old idea that just came to me for the judicial outreach folks: Why not let the bar association types hold a court basket-social fundraiser at which judge groupie types, pro-se litigants, courthouse cranks, etc., can bid on baskets prepared by judges, lawyers in big firms, etc.? A good time will be had by all. For a contemporary newspaper account of the Long Creek Baptist Basket Social in 1892 on Prince Edward Island, click here. Might Anne Shirley have talked Matthew into driving her over from Avonlea to attend this? Perhaps hers was the basket that sold for a whopping $7.55.

Lord Wilson: 'We must leave our pomposities in the wig box.' "Insofar as we judges may come more frequently to see the children face to face, we must leave our pomposities in our wig boxes; file away our verbal conceits; take time; not patronise; and, above all, never mislead." - Lord Justice Wilson, the Association of Lawyers for Children annual Hershman Levy Memorial Lecture on 06.28.2007. Lecture text.

A bribe is not like a potato. "In a small room that looks like a prison cell, files stand in waist-high piles on the floor. An official explains there is no fixed price for a bribe to pick one out and send it moving through the courts. 'It is not like potatoes or rice,' says Hamidullah, 25. 'It depends on the case. There is corruption because the salaries are so low,' he explains, saying he earns 2,500 afghani (50 dollars) a month...." -- From an article on a conference being held on 07.02-07.03 in Rome on establishing the rule of law in Afghanistan. More (Khaleej Times 07.02.2007).

A reporter spends a couple hours at the courthouse. a) "If you put the wheels of justice on your car, you'd stall on the interstate entrance ramp and get rear-ended by common sense." b) "It felt like watching a team of lawyers tackle themselves in a football game while the opposition stared in bewilderment." -- Observations by reporter Mark Guydish, who spent a couple hours at the courthouse the other day. More (Wilkes Barre Times-Leader - Opinion 07.02.2007).

Judge feels bad about role in convicting man who may soon be executed. "'I knew right away that something was wrong with his confession,' said the former judge, Norimichi Kumamoto, after he finally went public with his belief that he had participated in sentencing an innocent man [Iwao Hakamada] to die. Kumamoto, 70, quit the bench six months after the 1968 trial, and says he has carried 'hurt in his heart' over his role in sending Hakamada to death row. 'I have always regretted that I couldn't persuade the chief judge' to acquit,' he says...." More (L.A. Times 05.12.2007). According to Kyodo News, Judge Kumamoto tried today (07.02.2007) to visit Hakamada, who may soon be executed, but was refused permission to do so. More (Kyodo News 07.02.2007).

Courthouse acoustics. "The small courtroom in Dothan's federal courthouse is ornate and imposing, but not particularly well-suited as a venue for litigation in issues of vital significance. The ceilings are high and sounds tend to waft upward rather than outward, so the few spectators who are able to squeeze into the shallow gallery have difficulty hearing the proceedings...." From a report in the Dothan Alabama newspaper of a hearing held in an old federal courthouse. More (Dothan Eagle 07.01.2007). Further reading. For some interesting links on courtroom acoustics, click here.

The joy of delegation. "Alarmed over the rise in the number of attacks on judges and violence in court premises across the state, a delegation of judges met Chief Minister Shivraj Singh Chouhan Saturday to voice their concern...Chouhan is reported to have directed the Principal Secretary (Home) Satya Prakash to look into the matter, ensure security of the judges and post adequate security personnel in court premises." More (Hindustan Times 07.02.2007). Comment. Fellow delegators in the body politic, always remember to delegate a task in as general, all-inclusive way as possible, thereby allowing you, when things inevitably go bad and the people (pronounced "peepull" by the Great American Railsplitter) complain, to fire the delegatee on the ground that he didn't comply with your directive.

County courthouse ownership transfers to state continue in CA. "Alameda County agreed last week to hand the title of three county courthouse buildings to the state as part of a five-year-old law created to lessen the burden the growing court system has on county budgets...The agreement stems from a state law passed in 2002 that mandated the state take full control of all superior court buildings and offices by June 30 of this year. The law was created to help counties deal with the increased costs of housing an expanding court system that is controlled by the state...[and] to ensure all courthouses were on equal footing...." More (San Jose Mercury News 07.02.2007). Comment. We have mixed feelings about this. Local ownership encourages local responsibility, local innovation. Just as the states may serve as laboratories of innovation in federalism, counties also may serve as laboratories of innovation. Moreover, putting everyone on an equal footing not only may be problematic when "everyone" includes disparate rural and urban counties but may mean the standard for all becomes that of the lowest common denominator. But, there's much to be said for the state's role in ensuring that county courts meet standards of fairness, that they not become dens of "hometown justice" (a/k/a "hometown prejudice"), etc.

Posner says Auusie news report of his speech to Aussie judges was a 'garble.' "An article in [an Australian newspaper Friday, 06.29.2007] said...Judge Richard Posner frightened Australian lawyers and judges meeting in Chicago last week by advocating 'secret trials' and other 'big brother' programs to fight terrorism...'The report...is a complete garble,' Posner wrote in an e-mail. 'I don't advocate secret trials, profiling, or the characterization of the conflict with terrorism as a war'...[The article] describes...Posner as 'a supposedly liberal-leaning jurist regarded by many as a future U.S. Supreme Court candidate.' Actually, Posner is a Republican-appointed, free-market-oriented jurist with a libertarian streak, regarded as too conservative to be nominated to the Supreme Court by a Democrat, but not reliably conservative enough to be nominated by a Republican...." More (Chicago Sun-Times 07.02.2007). Comment. Guys like Posner and Alex Kosinski are no longer considered appointable to SCOTUS because a) they're too old (the "thing" now is to appoint youngsters who'll serve until they croak, continuing an administration's effect on the law as long as possible), b) they've got paper trails of decisions and speeches and law review articles and blogs, and c) they're too independent-minded, too prone to surprise the ideologues who want robots programmed by the Party Central Committee to serve as party-line judges. See, my extended comments at New High Court Justice not a 'crazy feminist' and at A 'Farraginous' Supreme Court. In other words, they're the sort of judges we once would have labelled experienced, smart, open-minded and independent, the sort we would have been delighted to set free to do intellectual and moral combat with their co-equals. Stated differently, the only appointers who'd have the guts to appoint them these days would be -- you guessed it, the voters. That, of course, wouldn't work on the federal level and I don't advocate it there. But it works in good ol' Minnesota. See, my comments and many embedded links at Annals of judicial selection: stacking appointment commissions.

Judicial appointments stagnation -- part I. "The federal appeals court widely considered the nation's most conservative also has the most judicial openings, in part because of national politics, prompting concerns about its ability to continue resolving cases promptly. The four vacancies amount to nearly a third of the 15 slots authorized for the Richmond-based 4th U.S. Circuit Court of Appeals...The vacancies date back to 1994, when Judge J. Dickson Phillips Jr. took senior status, a sort of semiretirement. That's the oldest opening in the entire federal court system...." More (Washington Post 07.02.2007).

Judicial appointments stagnation -- part II. "Retirements have created seven openings on the Superior Court bench in Bergen County the past year and a half, but no new judges have been appointed to fill those vacancies since early 2006. Of the 37 judgeship positions created to handle tens of thousands of cases every year, nine are open, with an additional retirement coming in October... [T]hose involved in the process say most of the delay is actually caused by the practice of selecting candidates in 'packages.' In Bergen County, each of the five state senators...must agree on each nominee. That process ordinarily involves months-long, behind-closed-doors jockeying to produce a small list of nominees approved by all senators...." More (North Jersey News 07.02.2007).

The 'great' Missouri Plan in action. "Gov. Matt Blunt is preparing to put his stamp on the Missouri Supreme Court this summer, but he's concerned that the commission in charge of selecting finalists won't deliver the type of candidate he wants. It will be the first time in 15 years that a Republican governor has placed someone on the high court...What makes the process more intriguing is that Blunt's choice will depend on a Democratic-leaning nominating commission...Blunt...has appointed only one of its seven members. The other members are the chief justice of the Supreme Court, three lawyers elected by the Missouri Bar and two lay members appointed by former Gov. Bob Holden, a Democrat. The lay members and lawyers serve staggered six-year terms...." More (St. Louis Post-Dispatch 07.02.2007). Comment. No matter who they recommend, no matter who he appoints, it'll all boil down, in my opinion, to a judicial appointment of, by and for the judges, the lawyers and the politicians.

Buyers' remorse in Tennessee after adopting the 'great' Missouri Plan? "[The] process [used in Tennessee since adopting the Missouri Plan for selecting appellate judges] accurately portrays the 'fox guarding the hen house' analogy. The Tennessee Judicial Selection Commission does not remove politics from the equation, but rather empowers the very special interest groups that stand to benefit the most from this plan, such as the Tennessee Trial Lawyers Association, the Tennessee Defense Lawyers Association and the Tennessee Association of Criminal Defense Lawyers. The only group not adequately represented at the commission's table are the citizens of this state. In other words, you can't take politics out of politics; you merely shift the power from one group to another. The Missouri Plan simply removes the power of electing our judges from the citizens and grants it to special interest groups...The Missouri Plan not only removed the citizens' right to vote on judicial candidates, it also moved part of the decision making process behind closed doors, so that citizens are not even privy to how a decision is made...." Op/ed piece by Sen. Paul Stanley, a Republican member of the Judiciary Committee in the Tennessee Senate. More (Memphis Commercial Appeal 07.01.2007).

Judge denies wrongdoing in giving probate cases to campaign treasurer. "Broward Probate Judge Mark Speiser helped his campaign treasurer earn thousands of dollars by appointing him to work in probate court cases. Court records show Speiser has appointed Charles Auerbach, the volunteer treasurer of his 2006 and 2000 re-election campaigns, to jobs such as trustee, personal representative and estate curator at least seven times since 2001...." More (Miami Herald 07.01.2007). Comment. When I ran in the general election in 2000 for the state supreme court, I refused to accept campaign contributions or endorsements. The press, if it really did its job, would run checks on judicial campaign treasurers and contributors around the country to see which ones, if any, personally benefited thereafter as a result, such as by appointment to jobs, court committees, boards, commissions, etc. Similarly, the press ought to regularly keep tabs on appointments by judges of attorneys and others to judicial positions, committees, boards, commissions, etc., to see which appointees, if any, have prior ties with the appointing judges and, if so, the nature of those ties. Even if appointees gain no direct financial benefit or pay for serving on boards, for example, they often do look upon such appointments as feathers in their caps, and benefit from them. All such appointments ought to be through open appointment processes with appointments based on merit and objective criteria.

Is judge's act as prosecutor coming back to haunt him now that he's a judge? "A former prosecutor who is now a Montgomery County judge did not disclose that the only witness in a 1994 homicide case sought and received money to cooperate in the prosecution, the defendant's attorney said in a motion. The motion also says that the prosecutor on the case, David A. Boynton, elicited false testimony about the payment from the witness, who was a police informant, and her police contact, who is now a captain overseeing criminal investigations. The defendant is scheduled to be retried this month...." More (Washington Post 07.01.2007). Comment. This sort of thing is less likely to happen in a state like MN. MN Rules of Criminal Procedure give the criminal defense bar open-file discovery (i.e., full pretrial access to the prosecutor's investigative file), making Minnesota's discovery-disclosure rules the best and fairest in the country. Guess who was the father of our approach? George Scott, a county attorney who later became an associate justice of the MN Supreme Court. If you want to see how things were done in MN before he championed this practice (and, sadly, how things are still done in many states and even in federal courts), read, Robert Traver, Anatomy of a Murder (1958), a fine legal-procedural crime novel set in the Upper Peninsula of Michigan. If you want to read more about Justice Scott, see, Obituary: MN Supreme Court Justice George M. Scott (1922 - 2006).

A state chief justice who actually believes the state has too many judges. "Chief Justice Clifford Taylor of the Michigan Supreme Court...has been speaking out recently, and quite publicly, about the problem of 'unneeded' judges in the state. He points to the 2005 Judicial Resources Report that concluded that certain communities in the state were 'overjudged' and he has suggested to the Governor that she not fill judicial vacancies in those communities. Unfortunately, in my view, the Chief Justice has now also suggested that perhaps the number of judgeships at the Michigan Court of Appeals, of which I am the Chief Judge, should be reduced...." From an op/ed piece by Chief Judge William Whitbeck. More (Midland Daily News - MI 07.01.2007).

'Mystery death notice' reveals judge had secret family with Maori princess. "One of New Zealand's most renowned and celebrated judges secretly fathered two children with a young Maori Princess -- claims that have come as a shock to his legitimate family. The claims came to light only when Sir Trevor Henry passed away last week, aged 105, and a group of the secret descendants, the Bay of Plenty-based Hall family, placed a mysterious death notice in the NZ Herald, alongside those of Sir Trevor's Auckland family...." According to people claiming to be descendants of his "other family," in the early or mid 1920's Sir Trevor, then a young barrister, met Hineiri Hall when he was in Rotorua for work. "Hineiri was a beautiful Te Arawa Princess [who] was working at the Lakeside Hotel at the time, which had a reputation as a gathering spot for public servants and lawyers...'They were just lovers, she was his port in a storm in Rotorua I guess,'" according to a member of his newly-revealed family. Princess Hineiri allegedly had two children by Sir Trevor, a daughter in 1927 and a son in 1928, both dead but leaving 30 or so descendants, all of whom, according to one, "thought of Sir Trevor as their patriarch." More (New Zealand Herald 07.01.2007). Comments. a) Sir Trevor, we didn't know you had it in you. b) The revelation, if true, remind us of a number of similar ones, including i) the claims/revelations after Charles A. Lindbergh's death about his long-time German mistress (mistresses?) and their three (seven?) children, and ii) the revelation after Sen. Strom Thurmond's death that when he was 22 he fathered a child with a 16-year-old black maid. c) Suppose you're a judge who's "fooled around" in his time and wants to protect his estate against false and/or real claims of paternity by people claiming to have been fathered by you -- whaddaya do? One option, which'll protect ya against false claims, is to "bank" your DNA for use in testing the accuracy of a posthumous claim of paternity. Another option, which will help protect against both false and real claims of paternity by estate claimants is to include in one's will a carefully-drafted clause disinheriting known or unkown illegitimate children.

Op-ed piece decries 'lawyers' and judges' lobby' in legislature. "The lawyers' and judges' lobby had its way at the legislature and democracy in Connecticut will continue to suffer. The state's judges have protected their own self-interests from state law by reinforcing the notion that the Judicial Branch is not subject to the Freedom of Information Act that applies to the legislative and executive branches. The lawyers and judges met secretly with the legislature's Judiciary Committee co-chairmen to block the move for more open courts... A state constitutional amendment now appears the only way to assure the FOI law applies to the Judicial Branch...For all the Judicial Branch's screaming about maintaining a separation of powers by leaving the courts alone, the truth is that the judges themselves have brought about this effort to check their power. The judges' pattern of improper behavior will continue to raise the issues of openness and fairness. And the advocates of open government will not go away...." From an op-ed piece by Morgan McGinley, a retired editorial page editor who is president of the Connecticut Council on Freedom of Information, "a watchdog group of editors and reporters who advocate for open government." More (The Day 07.01.2007). Comment. We've long publicly advocated greater accountability and transparency by the judiciary, which too often speaks only about the need for judicial independence without mentioning its twin, judicial accountability. See, as a starting place, my 2000 essay, Judicial Independence and Accountability.

Retired federal judge, wife, neighbor found slain in luxury condo. "A retired federal court judge[, Alban Garon,] sits slain, bound to a chair and severely beaten in his east-end luxury condominium [in Ottawa]. Beside his lifeless body lies his murdered wife and elderly neighbour, both of whom had also been bound...." More (Winnipeg Sun 07.01.2007). Comment. Sounds like the opening scene in an episode of CSI or Law and Order.

What constitutes 'hard work' for a judge is relative. "Well, the Conrad Black trial is over, and the waiting for the jury's verdict is into its fifth day, if you count the weekend which is time-off for the jury. [U.S. District Court] Judge Amy St. Eve's general rule of a four-day week takes a bit of getting used to, but she's such a workaholic that one Canadian lawyer ruefully acknowledged he missed 'those gruelling three-hour days that Canadian judges prefer.' Judge Amy starts her court at around 8.30 a.m., hearing depositions and what-not, and ending her day at 5 p.m., with one hour for lunch and puny 10-minute breaks mid-morning and mid-afternoon...." More (Peter Worthington in Winnipeg Sun 07.01.2007).

More on C.J. Roberts' misleading argument for pay raise for federal judges. While arguing that federal judges deserve a pay raise, the editors of the Washington Post point out some of the flaws in some of the arguments used by C.J. Roberts in his rightly much-criticized annual report last January. Here's what the Post editors say, in part:

It's hard to claim that federal judges are in the poorhouse, and so Chief Justice Roberts shrewdly avoided naming specific salary figures (current pay ranges from $165,200 for district judges up to $212,100 for chief justice of the Supreme Court). He also didn't mention that judges can receive their full salary for life, even after retirement, without having to make any contributions to fund this pension. Instead, the chief justice argued for higher pay on comparative grounds, some of them misleading. He, and the Senate bill's supporters, have contended that compared with pay in 1969, real income paid to federal judges has declined 23.9 percent...A big raise was given in 1969, so the real salary any year since then will look small by comparison. Perhaps more meaningful is the median salary from 1969 to 2006, which, adjusted for inflation, is not much higher than what judges receive today....

More (Washington Post - Editorial 07.01.2007). Comment. More and more we're starting to see commentators make some of the criticisms we started making several years ago of the omissions and the flawed arguments and misleading statistics advocates of judicial pay hikes typically use. For some of the typical flaws and omissions in the standard group-think argument in favor of judicial pay hikes and for the kind of approach I recommend to legislators who consider requests by judges for pay raises, see, my earlier mini-essay from 01.01.2002 titled I could be making lots more if I were Michael Jordan. Further reading. a) Ten out of 10 pundits agree: Chief's Report on paltry pay was appalling. b) The Chief Justice's annual harangue about his paltry pay.

Ex-judge is suspended from practice for using court staff to aid campaign. "The Louisiana Supreme Court has suspended former Orleans Parish Judge C. Hunter King from practicing law, a month after King pleaded guilty to goading his staff into raising campaign money for him in 2001...In late 2001, King forced his courtroom staff to sell batches of $250 tickets to a fund-raiser he was holding as he ran unopposed for re-election to Division M at civil court, and also hawked tickets himself at a funeral...." More (Times-Picayune 06.30.2007).

Will sentence discourage lawyers from helping to convict corrupt judges? "A judge's decision to disregard the prosecutor's recommendation for probation and instead impose the maximum one-year jail term for Paul Siminovsky, the ex-lawyer who played a key role in convicting former Brooklyn Justice Gerald P. Garson, could discourage potential cooperating witnesses in the future, several veteran defense lawyers said Wednesday...." More (N.Y. L. J. issue cover dated 07.02.2007 via Law.Com 06.30.2007).

Annals of new uses for old courthouses. "The landmark Bronx Borough Courthouse on Third Avenue in the Bronx has marble walls, high ceilings and plenty of space; but, it has been vacant since 1978. 'It was a building meant for public use, and we plan to restore it to such a use,' said the building's owner, Henry Weinstein. Weinstein has owned the property for close to ten years. Now he is having the old courthouse cleaned out, perhaps so students can walk the halls where lawyers and judges once roamed...." The plan? A charter school. More (NY1 06.30.2007).

Meanwhile, in another courthouse, judges meet in secret to discuss allegations. "The Council of Judges Administration, which makes local rules for the court system, went into executive session today to discuss allegations in an FBI public corruption investigation that the distribution of court cases [in El Paso County] had been rigged...[T]he council met privately to discuss the allegations made [in a guilty plea by]...John Travis Ketner...formerly the county judge's chief of staff...that county officials had rigged the distribution of cases by manipulating the computer distribution system...." The council of judges maintains that such a meeting need not be "open" to the public and press under the Texas Open Meetings Act. More (El Paso Times 06.30.2007).

Jazz on the courthouse lawn. "People might've been able to dance as Dog Talk performed on the courthouse lawn Friday night -- if it weren't for all the picnics, blankets and happy concertgoers filling nearly every inch of grass and sidewalk space. The Jazz Squared concert series has caught on, said Joe Arrowood, executive director of Noblesville Main Street, which sponsors the 3-year-old series of free music in downtown Noblesville. Friday's performance attracted the biggest crowd yet, doubling the average, he estimates, to around 300 people...." More (Indy Star 06.28.2007).

What's usurious, what's not? "A law capping annual interest rates at 36 percent on consumer loans will go into effect Sunday, a judge ruled Friday. Georgia-based Northwestern Title Co, which operates 17 car title loan stores in Oregon, asked for a 10-day delay of the law so that Marion County Circuit Court could review the company's challenge of the measure's constitutionality...The company makes small loans using car titles as collateral, often charging more than 300 percent annual interest. [Its attorney] said it was not economically feasible for the company to operate under the 36 percent interest rate cap because its borrowers have high default rates...." More (The Oregonian 06.30.2007). Comment. You know you're an old guy when you remember the days when interest over, say, 10% was considered usurious. And you know you're out of touch when your representatives conclude that 36% -- instead of, say, 12% -- is a reasonable cap on interest rates. The sad thing is that capping rates at 36% is considered "progress." And, relatively speaking and considering the industry practice, I guess it is. See, blog post at Credit Slip dated 09.29.2006 by Prof. Elizabeth Warren of Harvard Law School titled The Carp Survived (referring to the provision in the Talent-Nelson bill to cap interest rates on lending to soldiers at 36%). For an interesting and detailed entry on usury, see, Usury at Wikipedia.

Further reading. Maxed Out Reveals the Dangers of Predatory Loans (review of documentary titled Maxed Out) (Harvard Law Record 03.22.2007). Secret History of the Credit Card (Frontline - PBS): a) transcript of show; b) transcript of interview with Prof. Elizabeth Warren of Harvard Law School. Review of Elizabeth Warren & Amelia Warren Tyagi, The Two-Income Trap: Why Middle-Class Mothers and Fathers Are Going Broke (2003) at 27 Harv. J. L. & Gender 273 (2004). Index to blog postings at Credit Slip by Prof. Warren.

When is a person living off of sex not a 'prostitute'? "Currently in British law, anyone who makes money off of a sexual act or display can be labeled as a prostitute...[As a]n example[, if]...an exotic dancer [is] brought to court on a speeding violation, her occupation would be listed as a prostitute since she [is] a person that [sells] a sexual display for money...Many British lawyers believe that it is time to update the terminology in the court system so that people who earned a legitimate living off of sex would not have to be labeled as a prostitute...." The proposed change under consideration would allow labeling a person a "prostitute" if he or she "sold a sexual act twice or more in three months." More (Associated Content 06.30.2007). Comment. It was Holmes -- OWJr, not Katie -- who counseled us to "think things, not words." See, inter alia, Holmes, the Tarzan of the law, at BurtLaw's Law and Swimsuits - Historic Collector's Edition. The tendency to find a single word to define or label a person based on a single act in a rich life or single aspect of a person's multifaceted personality -- as in calling a person who suffers from so-called schizophrenia a "schizophrenic" -- is something all of us, judges and plain old ordinary people, ought to stoutly resist. Thus saith Sir Burton.

Mercury spill in courthouse is being investigated as criminal act. "A mercury spill inside a courthouse is being investigated as a criminal act, authorities said. Employees returning from lunch discovered the poisonous substance Wednesday in a hallway of the Morrow County Courthouse, forcing an evacuation. No one was injured and no illnesses have been reported...." More (Akron Beacon Journal - Ohio 06.29.2007).

Explosion, fire at supreme court justice's home. "A three-alarm fire Thursday night destroyed much of a Texas Supreme Court justice's home in northwest Harris County. The same blaze gutted a neighbor's home. The fire may not have done so much damage, said some neighbors, had the emergency response been quicker. Judge David Medina's neighbors in the 3500 block Highfalls said they tried to call 911 but claim no one picked up. Before they saw flames, neighbors said they heard an explosion coming from the garage...." More (KHOU 06.29.2007).

Where 'speedy justice' may be anything less than ten years. "As of today, the backlog of criminal and civil cases in our courts is estimated at nearly three crores. Our high courts account for about 35 lakh of them, while the rest of them belong to the lower courts. With average litigation time stretching to well over a decade, we are well poised to have more cases in backlog in our courts than the rest of the world's backlog put together...." More (Economic Times - India 06.30.2007). Comment. As I've said, India may want to consider "outsourcing" its judicial system to retired judges, etc., in the U.S.

Meanwhile, in Zambia.... "Recent revelations that the Zambian Judiciary has become a breeding ground for corrupt practices are a major threat to the country's successful anti-corruption drive. According to the recently-launched Global Corruption Report for 2007, an annual analysis by Transparency International of the corruption levels among the nations of the world, 'About 40 per cent of households and 25 per cent of business managers (in Zambia) reported that bribes were paid to speed up legal proceedings.'" More (Times of Zambia via AllAfrica 06.28.2007). Comment. According to the report, cases sometimes take five or six years to be decided. Glad that never happens here in God's country. I jest, of course. It's my opinion that individual cases of outrageous delay that occasionally get publicized are just the tip of a very big iceberg called Delay. Much delay is hidden and much of it is attributable not so much to individual judges as to systematic problems. We know of a referee in a large metropolitan district where some divorces seem to take forever and cost a zillion who actually said "we" think a bit of delay is good in divorce cases. Certainly, there are some lawyers who share in the blame, knowing a cash-cow when they see one and using every trick in the book to drag things out to their own profit. I used to think the late Chief Justice Peter S. Popovich of the Minnesota Supreme Court was a bit cliched in repeatedly using in his speeches that old oft-repeated phrase "Justice delayed is justice denied." But as the years have gone by I am more and more proud that I was able to work closely with him and I believe more and more that he was one of the best to ever hold the office. He put his finger on a very real problem and, had his tenure not been cut short by our ridiculous mandatory-retirement law, might well have done something about it. Further reading. Burton R. Hanson, "The Voices of a Judge -- The Judicial Opinions of Chief Justice Peter S. Popovich of the Minnesota Supreme Court," The Judicial Career of Peter S. Popovich (MN. Justices Series No. 10, 1998), on file at the MN State Law Library, the MN Historical Society, and the Library of Congress.

Op/ed piece, in wake of Judge Manzanares' suicide. "To the legislature, a plea born of unnecessary tragedy: The next time a representative of the DA's council expresses the need to obtain greater power and discretion for prosecutors as the sole parties who can be trusted, remember the Jeffco DA's press conference as he detailed the salacious and the nonessential, remember the affidavit jam-packed with detail about sexually-explicit website visits, wholly unneeded as proof of a property crime, remember the face of a good man on page one having been earmarked for special humiliation and ridicule for no compelling reason. Please remember also a bridge and, down below, the cold bark of a gun." From Moral of judge's story, a superb guest commentary by Denver criminal defense attorney Frank Moya (Denver Post 06.29.2007). Earlier. Friends of judge who killed self pay tribute, express anger at press.

Judge keeps promise, takes honor roll students to lunch at Golden Corral. "Portsmouth Circuit Court Judge Johnny E. Morrison strode into the Golden Corral in Chesapeake Square during lunchtime Thursday...'I appreciate you all taking me to lunch,' Morrison joked. It was Morrison who actually footed the lunch bill -- all $347.56 of it. Last August, Morrison challenged about 300 students at the [St. Mark Missionary Baptist Church'] back-to-school youth extravaganza that if they made the honor roll, he'd buy them lunch. The destination would be their choice. In all, 70 students from the church made the honor roll. About 45[, a record number,] attended the lunch...." More (Virginian-Pilot - VA 06.29.2007).

'Gentle Ben' Haywood, Lighthouse Point judge, sails off into the sunset. "Being the captain of a 48-foot ketch called Vivid was the No. 1 job of Benjamin Vanderford Haywood, a former soldier, lawyer and Lighthouse Point judge. The 77-year-old Korean War veteran, who made Lighthouse Point his home, died on June 21 of cancer. Haywood, a native of Salem, Mass., spent a lifetime sailing with his family and bought his own boat in 1975. ''He had always sailed,'' said his wife, Elizabeth Nicholson Haywood, whom he met in 1951 while vacationing as a college student in Coral Gables. She lived across the street from his family's vacation house, and spent many evenings arguing philosophy with the New England boy...." The judge, who, according to one lawyer "had a way of defusing people's anger," was called "Gentle Ben" by his colleagues because of he courtroom manners. More (Miami Herald 06.29.2007). Comment. I've seen a lot of trial and appellate judges in action, in a public setting, i.e., in the courtroom. A couple of appellate court judges whose conduct in the courtroom could only be described as princely -- and I don't mean to suggest others' conduct wasn't -- were my main judicial mentor, the late Justice C. Donald Peterson, and my friend, still going strong, Justice John E. Simonett, who is retired from the court but not from law and life. I remember in particular listening to an oral argument by an attorney representing herself in a disciplinary matter. When she started crying, Gentleman John gently asked a question about a factual matter of low emotional content, allowing her to regain her compusure. It was the sort of gallant, generous, gentle act one associates with a true prince/gentleman. We never have enough of them.

Global Warming shuts down Justice in TN. "Dizziness, headaches and blurred vision -- employees at the Unicoi County Courthouse [in northeastern Tennessee] say that's how they felt working in 90 degree heat this week. For the second day in a row, the county shut down the courthouse early because of extreme temperatures. The air-conditioning unit is broken...." More (Tri-Cities.Com - TN-VA 06.28.2007). Comment. It's been hotter than normal for June here in the Twin Cities, with the temp exceeding 90 one out of every three days. I'm glad I've got air conditioning. But my parents lived without it all their lives and didn't feel deprived. In the summer of 1966 I shared a large house on Wendell Street in Cambridge, MA, with two fellows from Japan, two from Taiwan and one from India; it was terribly hot at night in my un-air-conditioned poorly-ventilated upstairs room but it was also one of the happiest summers in my life and I didn't feel deprived. When I began working at the MN Supreme Court in 1970 it was located in the then-un-air-conditioned state capitol; I didn't feel deprived. When....

Allegations are made against Judge Seidlin, the "Anna Nicole Judge.' "[O]ther than drag the country though a needless and absurd Anna Nicole hearing/screen test, what did Seidlin do? Well, as almost everyone at the courthouse can tell you, flying through dockets in the morning and playing tennis in the afternoon was his M.O. But what few know is that he also allegedly had time to wrangle gifts out of at least one lawyer working in his division and a small fortune from an elderly woman living in his ocean-view condo building on Las Olas Boulevard...." More (Broward-Palm Beach New Times 06.28.2007). Update. State attorney asks governor to appoint special prosecutor (Miami Herald 07.03.2007).

The Judge Roy Moore Field at Ten Commandments Park. "A Severn church [in Mitchellville, MD,] and a Pasadena-based group will host this weekend the former Alabama Supreme Court chief justice who rose to national prominence when he refused remove a Ten Commandments monument from courthouse grounds. As part of a 'God and Country' pastors' conference calling for the United States to put God back into the government, Roy S. Moore will be on hand for an area dedication of a replica of the now-famous statue...." More (Baltimore Sun 06.29.2007).

Suit accuses court of race discrimination. "A Kansas City woman has sued the judges of Jackson County Circuit Court, alleging she was forced from her longtime position as a clerk because she is black. Patricia Thomas said that after 31 years with the court she was demoted and harassed to the point where her job became intolerable...." More (Kansas City Star 06.29.2007).

Ex-chief judge's granddaughter scores highest in prep school test. Meagan de la Bastide, 11, a student at St Monica's Preparatory School and a granddaughter of former chief justice Michael de la Bastide, has placed first in the SEA exam on the island, it was recently announced. More (Trinidad Express 06.29.2007). Comment. We've often linked to stories about children and spouses of judges getting into trouble, so, we thought, why not link to this simple story -- about an ex-chief judge's grandkid who's far above average.

The on-going two-hours-a-day court strike by lawyers. "Senior lawyers of NWFP stated on Thursday that they might extend, up to a year, their movement against the government for judiciary's independence, democracy's restoration and Chief Justice Iftikhar Muhammad Chaudhry's reinstatement...PHC Chief Justice Tariq Pervez Khan...asked [the lawyers] to [reconsider] their...[actions]...in order to dispense justice to hundreds of litigants, whose cases were being adjourned [as a result of the strike]...." More (Daily Times - Pakistan 06.29.2007).

Annals of South Dakota judicial history. "A portrait of Judge Gene Paul Kean, a circuit judge from 1981 to 2006, will be unveiled Friday...in the Minnehaha County Courthouse's atrium." More (Sioux Falls Argus-Leader 06.28.2007).

Scalis's got lip. "It's not every day that one Supreme Court justice, even one as rhetorically unrestrained as Justice Antonin Scalia, characterizes another justice, let alone the chief justice of the United States, as a wimp and a hypocrite. The Supreme CourtYet Justice Scalia did something very close to that, not once but twice, in separate opinions on Monday. As a result, he has served to lift the curtain a bit on the differences within the powerful five-justice conservative bloc that has marched in lock step through much of the term, bent on reshaping the law...." From Linda Greenhouse, Supreme Court Memo: Even in Agreement, Scalia Puts Roberts to Lash (NYT 06.28.2007).

A puzzling sentence from a puzzling story. "Archbishop Paul Cremona, OP, will visit the law courts to meet and have a quiet word with court employees on Tuesday at noon." More (Malta Independent 06.28.2007). Comment. Maybe it's just me but I tend to go into defensive mode when someone says they want to have a "quiet meeting" or "quiet moment with me."

What if a judge testified falsely under oath at a confirmation hearing? "Senate Judiciary Committee Chairman Patrick Leahy on Wednesday sought a federal investigation into whether a White House lawyer turned appeals court judge testified truthfully to Congress about the Bush administration's detention policies for enemy combatants. Leahy also asked that Judge Brett Kavanaugh be prosecuted if it is determined that he misled Congress about his involvement in drafting the policies in testimony at his Senate confirmation hearing in May 2006...." More (Reuters 06.28.2007). Comment. Might Leahy's message be intended to reverberate inside the echoing halls of SCOTUS? Might he be saying to Roberts and Alito, "We remember your testimony, your reassurances, etc.?"

So much for our supposedly-great protection of the innocent. "A new study has found juries in the United States get the verdict wrong in one out of six [non-capital] criminal cases and judges do not do much better. According to an upcoming study out of Northwestern University, when they make those mistakes, both judges and juries are far more likely to send an innocent person to jail than to let a guilty person go free...." In the study, "juries sent 25 per cent of innocent people to jail while the innocent had a 37 per cent chance of being wrongfully convicted by a judge." The study will be published in the July 2007 issue of Journal of Empirical Legal Studies. More (ABC Online - Australia 06.28.2007). Comment. And yet jurrors and judges invariably go home at the end of the day with a self-satisfied sense they've done the right thing and presumably they sleep the untroubled sleep of those who presume themselves to be just people.

Israeli crime families target judges. "Many of our judges have been threatened and the threats are mainly directed at a judge who has handed down a heavy sentence to someone connected to crime families, a senior source in the court system [said] Wednesday...." More (Haaretz 06.28.2007). Comment. That sounds strange to my ears -- "Israeli crime families."

Judge's final cellphone call to wife after flood waters sweep his Volvo off road. "A judge has died after flood waters swept his car from the roadside as he made his way home from work [Monday afternoon, 06.25.2007]. Eric Dickinson, [68,] a county court judge, managed to telephone his wife to raise the alarm but drowned as the rising water overwhelmed him. Police found his green Volvo estate car submerged 210ft from where he is believed to have left the road between Pershore railway station and Drakes Broughton, Worcs. His body was inside...." More (UK Telegraph 06.28.2007). Update. Judge's final words in cellphone call to wife: "I have done something even more stupid than losing my wallet. I've driven into some water. I thought I could drive through it but the car's getting swept away. I will be OK. I'll swim. But you will have to make a call to help me here." More (Birmingham Mail 07.04.2007).

Judge's disturbed son roughs up cops; judge apologizes. "On duty policemen were manhandled in English Bazaar police station today but no action was taken against the accused...[T]he accused, Soumyadip Jha, [is] the son of Mr Pinaki Jha, additional judge in Siliguri Court...'The son of Mr Pinaki Jha is suffering from mental problem. There was a heated argument between the policemen and Soumyajit, which may have triggered the incident,' Malda SP Mr DK Mondal said. He further added that the police had not taken offense because his father, a judge, had come to the police station to extend apology, the SP said." More (The Statesman 06.28.2007).

Board recommends muni judge be suspended from practice for year. "Municipal Judge George Parker should be suspended from law practice for a year because of his bizarre, unethical and undignified behavior on the bench, a state disciplinary board recommends...The board concluded that a 'very debilitating' [narcissistic] personality disorder is partly to blame for Parker's behavior. However, the board also ruled Parker intentionally lied when he testified during state proceedings on the disciplinary charges he faced. Those charges ranged from misuse of 911 to summon an officer to his chambers to ordering the arrest of a woman who did nothing more than raise her hand to ask a question in court...." More (Cincinnati Enquirer 06.28.2007). Earlier. Judge calls newspaper article a 'hatchet job' - Judge's midnight hearing at request of prominent doc under investigation - Controversial judge keeps getting reversed in DUI cases. Compare and contrast. Iowans take to streets to protest firing of 'Judge Parker.'

Victim's mom spears effort to recall judge over lenient sentencing. "The mother of one of three young white women attacked by a group of black youths on Halloween night last year said today she is helping to spearhead a recall drive against the judge who sentenced the teens to probation. Barbara Schneider, mother of 19-year-old Laura Schneider, said supporters have launched an effort to gather signatures on petitions aimed at recalling Long Beach Superior Court Judge Gibson W. Lee, who presided over the trial of nine black youths who participated in the racially motivated attack...." More (Orange County Register 06.28.2007). Further reading. A good starting point for further reading and useful external links on recall, referendum, and initiative, collectively known as direct democracy, see, Referendum (Wikipedia).

Judge declines request to exclude. limit media in civil rights case. "A federal judge overseeing a lawsuit filed by six Muslim men, who were removed from a US Airways flight last fall has declined to limit media access to the case...In a letter dated Tuesday and addressed to [Omar T. Mohammedi, a New York attorney for the six men,] U.S. District Judge Ann Montgomery noted that Mohammedi had requested that the court remove members of the media from an electronic distribution list, bar members of the media from attending hearings, and hold proceedings in closed session...." More (IHT 06.28.2007). Comment. It's ironic but not surprising that someone making a claim for damages resulting from alleged discrimination in violation of the constitution would request that the judge in effect ignore (and violate) the constitution by barring the media from access to lawful means to adequately cover the case.

Judge to jury: 'Don't do a Judge Deed.' "It's a TV drama that has audiences gripped with its entertaining mix of law, love and the rakish charm of a ladies' man. But the tables were turned on BBC1's Judge John Deed yesterday...Judge Paul Downes warned a crown court jury [in Norwich] not to follow in the footsteps of his fictional counterpart...[H]e said Deed had sat on a jury in one episode then carried out private internet research to discover back-ground details about the case he was hearing. 'If it ever came about that you had done that, the case would have to be stopped and started again,' said Judge Downes. 'So don't do a Judge Deed, if you don't mind. I don't know if you watch Judge John Deed. I think it is very entertaining television but it is terribly inaccurate.'" More (Norfolk Eastern Daily Press - UK 06.28.2007). Further reading. For more on Judge Deed, see, Using allegations of judicial bias as tactical ploy.

Australia's first fem top judges speaks on 'postmodernism and the law.' "[T]he aim of this paper is modest. It is to consider briefly certain cultural theories associated with Continental philosophers such as Jean-François Lyotard, Jacques Derrida and Michel Foucault as they might interest practising barristers...." High Court Justice Susan Crennan, speaking in Chicago. Text of speech. Comment. The average reader will find the speech/paper tough going. But there's some good "stuff" in it if you're willing to give this highly intellectual judge's philosophical blatherings a try.

Judge is beaten, robbed. "A judge and former prosecutor was hospitalized after being severely beaten and robbed in his law office. Jesup's Recorders Court judge, Glenn Thomas Jr., was alone in his office near City Hall on Monday when he was attacked. Authorities arrested Bobby Rex Stribling, 45, at a Brunswick motel shortly after recovering Thomas' stolen pickup truck...." More (Access N. Georgia 06.27.2007). Update. Judge still in critical condition a week after beating (Columbus Enquirer-Ledger 07.02.2007). Judge dies; man he once prosecuted is charged (Guardian 07.10.2007).

Judges reaching out to Muslims in UK. "A group of nearly 45 judges in England and Wales are reaching out to local religious minorities, particularly Muslims, in a bid to build bridges and improve confidence in the system...With the minimum of publicity, the judges visit mosques, local centers and inner-city schools, meet with community groups and arrange court visits....." More (Turkish Weekly 06.27.2007).

New female chief justice in Jamaica starts things off with a cliché. "Zaila McCalla was yesterday sworn in as Jamaica's first female Chief Justice at King's House in St. Andrew. Far from overwhelmed, a beaming McCalla told the packed hall of dignitaries, family and friends that she planned to hit the ground running...." More (Jamaica Gleaner 06.27.2007). Compare and contrast. a) "Joe Johns, CNN Correspondent: 'That's right, Miles. The new chief justice [John Roberts] is expected to show up here at the Supreme Court, if only to start setting up his office. He will have to hit the ground running, of course....'" Transcript (American Morning, CNN 09.30.2005) b) "[Harriet Miers, newest Supreme Court nominee,] hit the ground running in blazing trails, becoming the first woman hired by the major Dallas law firm now known as Locke Liddell and Sapp, having practiced there for 30 years...." Archives (Black Press USA). c) "The appointment of Judge [Pat] Timmons-Goodson [to the North Carolina Supreme Court] brings not only diversity to the court but also a wealth of experience and legal scholarship...She will go to the Supreme Court and hit the ground running. She's the kind of justice that North Carolina needs on the court." Comment by Appeals Court Judge James Wynn (News-Observer 01.20.2006). d) "Acting Justice [Max] Gors will serve until a permanent replacement takes office. Acting Justice Gors 'hit the ground running' on this new assignment and we appreciate his willingness to undertake this additional responsibility...." Chief Justice David Gilbertson, State of South Dakota Judiciary Message 2002. e) "'[Justice Clarence] Thomas hit the ground running,' says University of Michigan law professor Yale Kamisar. 'He's in there mixing it up.'" More (Time Magazine 07.13.1992). f) "By all accounts, the transition from Kevin Burke to Lucy Wieland [as chief judge] has been seamless. After serving as the assistant chief, Lucy Wieland hit the ground running and has focused her time and energy on the issues facing the court system and the community." More (Hennepin Lawyer 12.21.2004). g) "Yes, Hennepin County's newest judge [Mark Wernick] has hit the ground running, which should come as no surprise given the breadth of his prior legal experience." Richard Kyle (Hennepin Lawyer February 2003). h) "[Amy] Klobuchar echoes the sentiment expressed by Governor Ventura in his announcement of [Kathryn] Quaintance's judicial appointment, that Quaintance will be able to 'hit the ground running.'" More (Hennepin Lawyer January 2001). i) "Newly sworn in Commissioners Court Judge Keith Self has hit the ground running." More (McKinney News 01.02.2007). j) "OMG i was in boots and i was buying something and all of a sudden Shaynes hit the ground running came on and i screamed as i was so happy.I love you Shayne. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx" Posting at Shayne Ward's music forum, 06.26.2007. k) "I turned to run and figured to a dot when he shot. As he cracked loose I jumped way up in the air and did a split, just like what these show gals does, only mine wasn't on the ground by six foot. The bullet went under me. I knew he had five more cartridges, so I hit the ground running and squatted low down when his gun barked a second time." 'King Of All The Liars' (The Evening News, 04.23.1895 via Phrases.Org.UK). l) "The cliché that landed on its feet and then took off like a bat out of hell is ''hit the ground running.'... I sent out a search party for the origin of this expression while on the Larry King Show, an all-night extravaganza for the nation's insomniacs, and several callers offered these explanations...Whatever its origin...this figure of speech has earned early retirement." More (On Language - NYT Wm. Safire/Kimble Mead 01.11.1981). Comments. a) What's always amusing is when the speaker utters the cliché with a certain emphasis that suggests he thinks he's saying something fresh. b) The cliché, even if it applies, doesn't necessarily constitute praise. I'd be irked if anyone ever said it of me. In my opinion, it's rarely wise for "the new kid on the block" (another cliché) to "hit the ground running." That's a good way to alienate your colleagues quickly and to demonstrate one's naivity quickly.

Annals of judicial bargaining: judge jumps from plane to keep a promise. "Just call her Jumping Judge Jill. Judge Jill Johanson, who oversees Drug Court, says she would do anything to motivate people to get off drugs. Drug Court allows inmates to defer jail time if they kick the drug habit. 'She said if I graduate, she'd come sky-dive with me,' Michael D. Martin of Kelso said Monday. 'It was inspiration for me....'[Johanson], Martin and his drug counselor, Dan Milliren, drove to Skydive Toledo on Saturday morning. Johanson, 48, chose a tandem sky-dive...They were in free fall to about 5,000 feet above the ground, when the instructors opened their parachutes. Free fall was 'a blast,' Johanson said." More (Longview Washington Daily News 06.26.2007). Comment. I wonder if she, ah (pause), hit the ground running.

Annals of judicial consistency. "In one [of the two free speech cases], five justices (John Roberts, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito) struck down a key provision of the McCain-Feingold campaign finance law as a violation of the First Amendment. That means any freely associating groups can run 'issue' ads, even those that mention a candidate's name, at any time...In the other case, the same five justices ruled that a principal was justified in suspending a student who displayed a banner reading 'BONG HiTS 4 JESUS' outside the school as the Olympic torch was paraded by. In the campaign finance case, Chief Justice Roberts held grandly: 'Where the First Amendment is implicated, the tie goes to the speaker, not the censor.' He is right. And would that he had been consistent and upheld his own lofty principle in the school case. But he didn't." More (Houston Chronicle - Cragg Hines op/ed 06.27.2007). Compare my comment at Has Rehnquist court's federalism boomlet fizzled? ("I've thought all along that application of the New Federalism approach of Rehnquist & the four who typically have joined him has depended, to a great extent, on whose ox is being gored by the federal policy in question. When application of the federal law impinges on a state's liberal approach to marijuana regulation or suicide, then the 'old' New Deal federalism applies & the federal policy trumps state policy. Judicial philosophy, whether that of Bill Rehnquist or Bill Brennan, ain't the same thing as philosopher's philosophy. It's more like Machiavellian political philosophy." See, also, my comment at N.J. beach access case -- best argument this summer for judicial activism?

Protesters want to keep portrait of Jesus in courthouse. a) "Standing in the shadow of the Slidell City Court, a swarm of protesters congregated Tuesday night for a rousing and at times revival-like demonstration, denouncing the American Civil Liberties Union and offering a show of unconditional support for the controversial portrait of Jesus that hangs on the wall just inside the courthouse...." More (Times-Picayune 06.27.2007). b) "The portrait has been identified by local clergy as 'Christ the Savior,' a 16th century Russian Orthodox icon. It depicts Jesus holding a book open to biblical passages, written in Russian, that deal with judgment. The only [other] portrait in the courthouse's main foyer [is] one of founding judge Gus Fritchie, for whom the courthouse is named[. T]he image of Jesus hangs above the court's billing window. Below the portrait are gold letters reading: 'To know peace, obey these laws.'" The judge said at a Saturday, 06.30.2007 news conference that he's decided not to remove the portrait. The ACLU will soon announce its plans. More (Times-Picayune 06.30.2007). Comments. a) Would there have been any protesters if some group had filed suit to require removal of the portrait of FDR in the common area of the Minnesota Court of Appeals during its early years? See, my comment on the early years of the Minnesota Court of Appeals at D. D. Wozniak, Chief Judge, MN Court of Appeals, dies at 82. b) How about if the image was of Christ upsetting the tables of the money-changers?

Judge is censured for procrastination, for filing false affidavits to collect pay. "A state judicial agency censured an Alameda County judge today but allowed him to keep his job after finding that he repeatedly took longer to decide cases than the law allows and signed false affidavits allowing him to collect his salary. Superior Court Judge Robert Freedman waited more than the 90-day legal limit to rule on 21 cases from 2000 to 2004...Throughout that time, Freedman signed affidavits every two weeks declaring that he had no cases under submission for more than 90 days and continued to receive his paychecks, the commission said...." More (San Francisco Chronicle 06.26.2007). Further reading. "An Alberta judge is being investigated for his tardiness in handing down a written ruling in a high-profile assault conviction that was overturned by the Supreme Court because of the delay. Alberta Justice Minister Ron Stevens said yesterday he filed a complaint this week with the judicial council against provincial court Judge Brad Kerby, who took 11 months to issue written reasons for the conviction...." More (Calgary Sun 06.29.2007).

C.J.'s lawyer says government is bugging judges' phones. "The lawyer for Pakistan's suspended chief justice Iftikar M Chaudhry today alleged that the telephones of judges are being tapped by intelligence agencies, and asked the Supreme Court to build 'firewalls' to prevent 'snooping.'" More (Indian Express 06.26.2007).

County board votes to demolish historic 1884 courthouse. "It hit No. 1 on Preservation Ohio's list of most endangered historic sites, and the Seneca County Courthouse is living up to that ranking. County commissioners voted 2-1 yesterday to move forward with razing the shuttered 1884 courthouse in downtown Tiffin...." More (Toledo Blade 06.26.2007). Compare and contrast. "Fannin County [TX] commissioners approved 5-0 a decision to go forward with a plan to restore the Courthouse to its 1888 condition during Monday's meeting in the building." More (Sherman Denison Herald Democrat 06.26.2007). Comment. Any naked grandmothers around in Seneca County, Ohio who are willing to pose for a save-the-courthouse calendar? See, Naked grandmothers save old courthouse from wrecking balls. 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 the people of Appomattox have shown there is another way -- it's called creative recycling/reusing of old beloved public buildings and spaces. 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.... Related. Old Lexington courthouse's new look, new use (Kentucky.Com 08.15.2006); Museum of Art eyes old courthouse (Tucson Citizen 08.16.2006). Updates.

Garrison Keillor, The Library Fix ("My old hometown Carnegie library with the columns and high-domed ceiling was irreplaceable, and so of course it was torn down by vandals in suits and ties and replaced with a low warehouse-looking library that says so clearly to its patrons, 'Don't get any big ideas. This is as good a library as you clowns deserve.'") (Salon 06.27.2007). And, see, Garrison Keillor, blog posting ("I...am deeply offended by the destruction of historic and graceful old buildings in St. Paul, and Minneapolis, and before that, in my hometown of Anoka. I can still get hot under the collar if I talk about the old courthouse and the old Carnegie library in Anoka that got busted by vandals in suits and ties forty years ago, and the old fire barn and the old St. Stephen's church.") (Post to the Host - PHC 06.28.2007). Update. Ex-prof calls courthouse that commissioners want to destroy 'heart of community.' "Retired Heidelberg College History Professor Kenneth Davison called Seneca County's 1884 courthouse 'the most important single building in the county' and said demolishing it would be a huge mistake. 'It's the very heart of the community. There's nothing else here that can match it and that is true in every county of the state,' Mr. Davison said while testifying in Seneca County Common Pleas Court yesterday morning. 'It's a cultural thing. It's not just political.'" More (Toledo Blade 07.26.2007). Update. "In what seemed like a marked change of tone on the future of Seneca County's 1884 courthouse, Commissioner Ben Nutter yesterday said the county ought to apply for state historic preservation tax credits to help pay for renovation of the old building." More (Toledo Blade 07.31.2007). Update. Seneca County Board votes to proceed with destruction of historic courthouse (Toledo Blade 08.07.2007). Update. Texas expert says courthouse is in remarkably good condition; pay $8 million to restore a building worth $30 to $50 million, and you may earn back the $8 million in heritage tourism, new jobs and tax revenues. More (Toledo Blade 09.18.2007).

Ad law judges don't like new rule -- or is it a new interpretation of old rule? "There are about 1,400 administrative law judges in the federal government...They hand down rulings on whether Americans are entitled to Social Security benefits, disability benefits and other federal services. They rule in regulatory disputes and determine whether admiralty, banking, trade and other laws have been violated...The jobs come with a lifetime appointment, and the pay is not bad, either...But the union that represents many of these judges is not happy about a new rule that requires them to be licensed and authorized to practice law. The union, the Association of Administrative Law Judges, has filed a federal lawsuit to throw out the rule, calling it 'arbitrary, capricious' and 'not rational.'" More (Washington Post 06.25.2007). Comment. The Office of Personnel Management says the requirement that the judges be currently licensed to practice law is not new, just a clarification of existing practice. But it appears that it's new to many of the judges: "The union's lawsuit noted that 'numerous incumbent' judges have not paid the annual fees to retain their law licenses and have dropped out of the bar in their states. The dropouts began around 1989, when an official at the Social Security Administration (where about 1,000 of the judges work) said they did not need to maintain active bar status after being appointed to their jobs, the lawsuit said." Id. Hmmm. Under the reasoning of the 5-4 majority in Bowles v. Russell -- see, Souter accuses Scalitertsian majority of 'bait and switch' - 06.15 -- the "bait-and-switch" case rejecting an appeal by a criminal defendant as untimely even though he filed the appeal within the time a judge told him he had to file it, sounds like these ad law judges may be in deep doo. :-)

Texas probate courts again come under scrutiny. "A Houston Chronicle investigation of hundreds of records and thousands of court-ordered payments, as well as interviews with judges and lawyers, found evidence of questionable billings and favoritism in Texas probate courts -- with the most troubling examples in Harris County...." This is a multi-part series, with this story linking to the others. More (Houston Chronicle 06.25.2007). Earlier. See, Probate courts under scrutiny, including comments and links. Comment. The Chronicle is doing some good work keeping an eye on the courts in TX.

All aspirants fail judicial officers exam. "All the 153 aspirants for Himachal Judicial Services have failed the final examination, following which Himachal Pradesh Public Service Commission (HPPSC) has not made any recommendations for filling up 11 vacancies of judicial officers in the state. The examination was held in May this year. Sources said poor command of candidates over Hindi and English and lack of knowledge of law were the main hurdles for the candidates...." More (Chandigarh Newsline 06.25.2007).

Salaries of court employees - coming soon to a web site near you? Last fall I posted a piece on this topic. Click here. In 2000 in our failed general campaign for chief justice, we argued for greater judicial accountability, in general, and in specific for greater use of the web for posting of information such as detailed judicial branch budgets, individual calendars of judges, judges' and court employees' time-sheets, salaries of court employees, etc. It appears that our proposal with respect to salaries is coming to fruition, slowly but surely. "States like Iowa and Georgia provide the names, departments, job titles and salaries of government employees on their official Web sites...Other...provide names, salaries and other information to news organizations in their communities for posting on Web sites in searchable online databases." More (Lansing State Journal 06.24.2007). The states in which newspapers post the info are: Indiana, Kentucky, Massachusetts, New Jersey, Oregon, South Carolina, Vermont, Washington, West Virginia, and now, thanks to the Lansing State Journal, Michigan. See, LSJ's State of Michigan Salary Search. According to a story in Electric New Paper, many state workers in Michigan don't like it. But we do, and so apparently do many other people: "Web traffic to the database on LSJ.Com was so heavy [after the database was publicized] that it shut down the State Journal server." Id. As the executive editor of LSJ put it, "'The people of the state pay the bills. They have a right to know how government spends their money, where it spends the money and who it spends it on. It's part of open government." Update. Michigan court, by a vote of 4-3, posts salaries and titles of court employees but not names. More (Michigan Live 07.12.2007). Comment. As in a number of other controversial matters where the court in Michigan has split 4-3, the dissenters have it right. The names of public employees and their titles and salaries are a matter of public information that ought to be freely available to their employers. Who are their employers? Answer: The people who hold what Justice Frankfurter called the most important office in our democracy, that of citizen.

A judge's death is called 'suspicious' -- was it suicide...or murder? "Bagcilar Judge Eyüp Yilmaz went to Sinop in an effort to reconcile with his wife [of 2½ months], however, he died there. The wife claims suicide; the brother is suspicious his death could have been the result of murder...." More (Sabah - Turkey 06.25.2007).

Opinion: 'Enough is enough,' masturbating judge ought to be paroled. Last week the Oklahoma Pardon and Parole Board again denied parole to former Creek County District Judge Donald Thompson, who is serving four consecutive one-year prison terms for masturbating under his robes while in court. More (Cushing Daily Citizen 06.21.2007). When the sentence was imposed, we called it absurd. See, Annals of absurd sentences: judge gets 4 years in prison for MWP, including embedded links to previous postings about the case.

Now other sane voices are beginning to weigh in on the sentence. Read on...

"Enough is enough. Everyone involved in this case, from the grandstanding [Prosecutor Richard] Smothermon to Judge C. Allen McCall, and now the parole board, has made it clear that no one is above the law. [Former Creek County District Judge Donald] Thompson has been made an example. Prior to his retirement from the bench, Thompson served the citizens of Creek County for 22 years. He and his family have since been dragged through the mud. It's time for Smothermon to focus on more important issues and quit using his conviction of a former judge to catapult his career to the next level. Let Thompson get on with his life...." From a 06.22.2007 editorial in the Sapulpa Daily Herald, reprinted in the Muskogee Phoneix.

Adam Liptak weighs in on judges suing newspapers, etc., for defamation. Liptak's op-ed piece in the NYT focuses on the huge damages awarded to Illinois Supreme Court Chief Justice Robert Thomas over two opinion pieces in a small-circulation newspaper that accused Thomas of letting "politics" influence the decision in a lawyer disciplinary case. Liptak believes, as we do, that "the paper has some pretty good arguments," and he adds that "libel cases are often overturned on appeal." More (NYT 06.25.2007). Earlier. See, When judges sue the press, claiming libel. For our postings on defamation suits filed by 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, my comments and links at Court upholds dismissal of judge's libel suit against TV station.

Crown court judge dies in 50' fall from fourth floor flat. "A crown court judge fell 50ft to his death from his home in an exclusive block of flats last week, it was reported today. Rodney McKinnon fell from a window of his flat in Dolphin Square, central London, suffering fatal head injuries. He was declared dead after being found in the building's courtyard garden. Scotland Yard is not treating his death as suspicious, although it is not clear whether the 64-year-old had meant to take his own life or died accidentally...." More (UK Guardian 06.25.2007). Comment. The creators of Prime Suspect, starring Helen Mirren as Inspector Jane Tennison, could "rip this story from the headlines," modify it for fictional/dramatic purposes, and have the start of a potentially interesting, even educational, episode.

Judge's take on town-gown. "Jill Carr, [Bowling Green State University's] dean of students, said Judge [Mark] Reddin is unusual in the way he's gotten involved with the university, freshman orientation, and campus-community efforts. 'I truly believe he appreciates having a university in the Bowling Green community,' Ms. Carr said. 'He understands that students make mistakes, but he also understands that the university can work with the municipal court to not only hold students accountable when they make those mistakes but to allow the university to provide some of the education that goes along with that.'" More (Toledo Blade 06.25.2007).

Friends of judge who killed self pay tribute, express anger at press. "[Two hundred of t]hose who knew [Judge Larry Manzanares], even if it was only in passing, gathered Sunday afternoon in the park across the street from West High School. In the crowd were law students and 17th Street lawyers, judges, City Council members and city employees, members of the organizations he supported and prominent Latino leaders. His neighbors were there. So was his older brother, Stan. U.S. Sen. Ken Salazar stood at the makeshift podium and offered a prayer. 'Lord, make me an instrument of your peace...'" Tina Griego, Rocky Mountain News columnist, who wrote the above, writes also: "People are angry. At the prosecutors, at the media, at the Rocky [Mountain News] for, among other things, its decision to devote the front page on June 14 to Manzanares' police booking shot, the felony charges filed against him in the theft of a city laptop and the discovery of pornography on that laptop...." More (Rocky Mountain News 06.25.2007). Update. Council members decry media's role in events leading to judge's suicide (Denver Post 06.26.2007).

Following judge's suicide, lawyers express anger at the prosecution. "Several members of the Denver legal community Saturday condemned the tactics used by the prosecution in the computer theft case against Larry Manzanares, who took his life Friday. Jefferson County prosecutors never should have held a news conference and released an 80-page affidavit, according to lawyers Larry Pozner and Michael Canges. 'The release of an 80-page affidavit was unprecedented,' said Pozner, a veteran lawyer who practiced in front of Manzanares in Denver District Court...'The Jefferson County district attorney's office didn't need to take it upon themselves to ruin this man.'" More (Denver Post 06.24.2007).

A judge commits suicide. Last week former a special prosecutor in Denver filed three felony charges of embezzlement, theft and tampering with evidence (and a couple misdemeanor charges) against former District Court Judge Larry Manzan