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.

Supreme court judge, 49, dies after suffering heart attack while bicycling. "ACT Supreme Court judge Terry Connolly died today after suffering a heart attack while cycling around Parliament House in Canberra. Police believe the 49-year-old was cycling with a group when he collapsed...." More (SMH 09.25.2007).

Feds indict yet another state judge. "A magistrate judge from rural Clinch County [GA] has been charged with perjury in an indictment that says she lied to a federal grand jury investigating judicial corruption. According to the indictment, Magistrate Judge Linda C. Peterson lied to grand jurors June 13th when she denied, under oath, ever suggesting to criminal defendants that they could use her own father as a bail bondsman...." More (WSAV 09.25.2007). Comment. As anyone who regularly reads our postings over the last two years, the feds under Bush/Gonzales seem to feel they have a "roving commission," to use Justice Cardozo's phrase, to clean up state and local government. With respect to the feds' pursuit of state judges around the country, I guess I'm more of a states'-righter than I thought I was, because I think the feds' claims of jurisdiction to prosecute some of these cases are a little contrived. It all seems so un-Republican, even to this liberal Eisenhower/Rockefeller Republican (there are only a couple of us left).

Judge appears at anti-immigration news conference at capitol. "Lawyers and Pennsylvania court experts are raising ethical questions about the appearance of a state appellate judge at a Capitol news conference yesterday on illegal immigration. Superior Court Justice Correale F. Stevens stood on the Rotunda steps with State Rep. Daryl D. Metcalfe (R., Butler) Hazleton Mayor Lou Barletta and others as they called for the passage of state laws to halt the 'alien invasion.'" More (Philadelphia Inquirer 09.25.2007). Comment. The judge is up for retention this year.

Brit judge becomes 'laughingstock' of gallery as wig falls off in court. "There was exciting real-life courtroom drama at the Old Bailey today as one of Britain's most senior judges became the laughing stock of the gallery in Court 4 when his wig fell off. Lord Chief Justice Tarquin Scoggins, 57, entered the Court 'fully thatched,' but, as he took his seat and the members of the jury took theirs, his hairpiece became entangled with his gavel, and the wig became detached from his head...." More (The Spoof - Satire 09.25.2007). Note. This is a satirical "news story."

Why Norwegians make better judges than Swedes. "I have plenty of time to be alone, and I like it. I always have. I like my own company. And I am not the only one who feels this way; a high percentage of the Norwegian population feel as I do. It is our brand of Buddhism. If you have read Pan, by Knut Hamsun, you will get an idea of what I mean." -- Per Petterson, Norwegian author of Our Stealing Horses, published in U.S. by MN's Graywolf Press. More (Mpls. Star-Tribune Books 09.23.2007). Comment. A kindred spirit.

Love will find a way. The "Weddings/Celebrations" section of the Sunday NYT announced the marriage of Deecy Gray and Douglas H. Ginsburg, the chief judge of USCA D.C. Circuit. Chief Justice Roberts of officiated in the east conference room of SCOTUS. This is his third marriage. More (NYT 09.23.2007). Comment. Ginsburg is the judge who was nominated by Reagan to SCOTUS in 1987 only to have the nomination withdrawn "at his request" after it was revealed he'd used marijuana both as a student and later as a law school prof. If you look at his curriculum vitae, you will see under "Employment," among other jobs, the following: "Compatibility Research, Inc., Cambridge, MA, Vice President, Marketing for 'Operation Match' computer service, 1965 - 1968." Operation Match was the original computer dating service in the United States, starting during the 1964-65 school year. It cost $3.00 to fill out a questionnaire. Many, many college and graduate school students in the Boston area participated, so the "pool" was a good one, something that's necessary for computer people-matching to work. After a month or two or three, the big old rented computer -- used at night when rental rates were lowest -- spat out a list of "compatible" matches of nearby college students of the opposite sex. You might say my two children, both adults now, owe their lives to Ginsburg & his fellow pioneers in computer dating, because I met my wife of nearly 30 years (now ex-wife), their mother, then a Wellesley student, through participating in Operation Match during the 1965-66 school year at Harvard Law School. For further details and links, see, Annals of judicial cyber-dating, part III -- Which judge named to Supreme Court was a computer dating pioneer? BTW, did I ever use pot? No, my life has been too boring to have done that. Do I think it should have mattered that Judge Ginsburg used pot? No. The big hysterical "to-do" among our sad excuses for Senators, etc., about his pot use was akin to the big hysterical "to-do" among our sad excuses for Senators about Senator Craig's foot-tapping in the men's room at the airport in Bloomington, MN. See, Frank Rich, Pardon Poor Larry Craig (NYT 09.23.2007). P.S., Have you noted that whenever some poor soul in public life gets caught doing something or other, one of those you can count on to "pile on" is MN's own Stormin' Norman Coleman, our own resident Chickenhawk General.

Is it 'cruel and unusual' that I've slept on the floor for 11 years? "In a significant legal victory for thousands of former Los Angeles County jail inmates, a federal court judge has ruled that jail officials violated the prisoners' constitutional rights when they had them sleep on [mats on] concrete floors because of chronic overcrowding...'Quite simply, that a custom of leaving inmates nowhere to sleep but the floor constitutes cruel and unusual punishment is nothing short of self-evident,' [U.S. District Judge Dean] Pregerson concluded in a 33-page decision in a class-action lawsuit...." More (LAT 09.24.2007). Comment. I'm a "softie" when it comes to punishment -- the old use of indeterminate sentences and the goal of rehabilitation followed by probation makes more sense to me than the harsher and more rigid guidelines, mandatory minimum sentences, and indeterminate sentences touted and used today -- so I have no problem with the ruling, even if it fails to comport with SCOTUS' strict interpretations of "cruel and unusual punishment." But I must say, based on experience, that sleeping on the floor on a mat ain't necessarily bad. Since my ex-wife moved to her own house 11 years ago, taking her beds and other furniture belonging to her with her, I've slept in a sleeping bag on a wool carpeted floor in the master bedroom. It's good for my back. I sleep well. It suits my Norwegian appreciation of spareness. I don't feel deprived. Neither did Mahatma Ghandi, who, like most people in India today, slept on a straw mat. BTW, whenever a judge says a proposition is self-evident, it pays to ask yourself if it really is. It's BurtLaw Rule of Thumb #190: That which someone says is "self-evident," usually isn't.

Fiercely liberal judge, friend of spotted owls and prisoners, dies in sleep. "Carl Muecke, the fiercely liberal judge who battled former Gov. Fife Symington over prisons and spotted owls, died Friday in his sleep at his Flagstaff summer home. He was 89. Muecke (pronounced Mick-ee), who retired from the bench in 1997, had suffered from Alzheimer's disease and other ailments in recent years...He came of age in the idealism of the New Deal and as a soldier was among the first Americans to witness the horrors of Nazi concentration camps. Both experiences had a profound influence on him...He helped desegregate Arizona schools before the U.S. Supreme Court made it federal law...He wore his liberalism as a badge of honor and once called to scold a reporter who had dared to write that there were no liberal judges in Arizona. His voice boomed down from the bench as from Mount Olympus...." More (Arizona Republic 09.24.2007). Comment. Presumably he was asleep on a bed (see, supra) but it wouldn't have mattered if he'd died sleeping on a straw mat. He rose each day with a stout and loyal heart. And I like to think that as he fell asleep for the last time, the owls were hooting softly outside his window.

Judges in India are 'touchy.' "Despite their general reputation for independence and activism, Indian judges have a record of being touchy about criticism and invoking criminal contempt powers more to uphold their own dignity than in the public interest. But the contempt problem is part of the larger syndrome of Indian courts, compared to their western counterparts, being non-transparent and unaccountable. India has the dubious distinction of being the only country where judges have assumed primacy in deciding judicial appointments. And Indian judges still cling to the notion that if any outsider were to look into complaints against any of them, it would compromise the independence of the judiciary." More (Times of India 09.24.2007). Comment. Alas, many judges in the U.S., including here in Minnesota, are "touchy," love to talk about threats to their independence but don't like the word "accountability," and think it would be just nifty if judges could insinuate themselves into the appointment process, as in the "nonpartisan" commission plan revered by college poli-sci profs, the "Great Missouri Plan," thereby excluding voters from the selection process and pretty much ensuring their tenure. More and more, ordinary people are demanding greater judicial accountability as a necessary concomitant of judicial independence. Judges should get used to it. Echoing the cliche one judge uttered a few years ago, "Change is good."

The questions a judge faces about his wife and himself as he seeks retention. The judge in question is Bradford County PA Court Judge John C. Mott, whose wife served time in jail and was ordered to pay restitution of more than $600,000 in connection with stealing money from the Canton Boro Authority. See, Annals of judicial spouses. Now he's up for retention, and a long letter to the editor reveals the kinds of questions he'll be facing. More (Towanda Daily Review 09.24.2007). Interestingly, anti-judge sentiment is so high among some people in PA that "two activist groups [have] called for the ouster of more than 65 judges facing retention votes in November." More (Philadelphia Inquirer 09.23.2007). This is one reason judges in MN might come to regret it if we adopt the so-called Quie Commission's recommendation to take away the voters' right to select judges and replace the MN Plan with the MO Plan: it's hard to find lawyers to run against individual judges when their terms are up but it'd be relatively easy to finance a statewide non-retention campaign aimed at all judges. As the saying goes, be careful what you wish for -- you just might get it, and the unintended consequences that go with it.

Annals of judicial hardship. "One time I was in a weeklong trial and it was 8 degrees outside. It was so hot inside that I had both doors open at my back in order to cool the courthouse down enough that we could finish the trial. You couldn't breathe. Of course I got sick from it and it's probably the sickest I've ever been, but we got through the trial." -- Tony Frohlich, chief circuit judge for Gallatin and Boone counties, quoted in an article on the renovation of the Gallatin County Ohio Courthouse, built before the Civil War. More (Cincinnati Enquirer 09.24.2007).

Judges as landlords. A couple judges in Philly are under scrutiny for their allegedly bad records as landlords. Details (Philadelphia Inquirer 09.23.2007).

Annals of judges caught on tape. "A senior judge [in Kuala Lumpur] has denied he was the one a lawyer was talking to in a video recording of an alleged phone conversation between the two to discuss judicial appointments...." More (New Straits Times - Malaysia 09.24.2007).

The stones will judge us. "Millions of serious-minded citizens of the world want to visit Greece. It is now up to us to show whether we are worthy of the task of being guardians of a global heritage...The ancient, sculpted stones that are scattered around us will bear witness to our success or to our indifference. Because they will be here long after we are gone, just as they were here before us." -- From a neat piece titled The stones will judge us by Nikos Konstandaras (Ekathimerini - Greece 09.24.2007).

Alaska not so sure about its Missouri Plan? "Ever since statehood, Alaska has followed Missouri in the way it selects its judges. There are no elections here to fill vacancies on the bench. Rather, judges are appointed from a short list of nominees submitted by the Alaska Judicial Council. That was made a part of our Constitution even before we were admitted into the Union on Jan. 3, 1959. In the past, we have raised the hackles of the lawyer establishment by criticizing this procedure for making it too much of a closed-shop operation. The lawyers, not the public nor the governor, in essence picks the judges...." More (Anchorage Times - Editorial 09.24.2007).

Giving up the appellate bench for a more rustic one. "From behind his redwood desk, U.S. Magistrate Judge William Wunderlich has to crane his neck just slightly to gaze up at Yosemite Falls. Wunderlich's corner office is in a tiny, slate-gray courthouse, just off the beaten path from Yosemite Village. His 'commute' is typically a five-minute stroll down a dirt trail, past the Bear Management Office and horse stables to a cabin nestled across from a deer-infested meadow. The 60-year-old Wunderlich knows he may just have the best judge job in America. 'Someone is willing to pay me a salary to live and work in a national park,' Wunderlich says. 'Sometimes I have to pinch myself.'" More (San Jose Mercury-News 09.23.2007). Comment. Terrific profile. Wunderlich gave up a seat on the state appeals court for the job. He's glad to have it. And he's not complaining about his salary, near as I can tell. Perhaps he feels as I felt during my nearly 30 years as a trusted aide to the top judges in Minnesota, priviliged to be doing the people's business -- inside, where it was warm in the winter and cool in the summer -- at any salary.

Mystery writers convene, meet with CSI's, judges, cadaver dogs, etc. "Murder. Lies. Kidnapping. Corruption. Infidelity. Betrayal. Motive. Just everyday fare for your mystery book fan. But these also are subjects that will be dissected, probed and combed over next week in Alaska during Bouchercon 2007, the yearly conference for mystery writers. During the five-day gathering, readers can rub shoulders with about 225 authors as well as crime scene experts, criminal court judges and even cadaver dogs who sniff out corpses...." More (San Diego Union-Tribune 09.23.2007). Comment. In my role as resident criminal law specialist on the staff at the state supreme court, I probably read as many (or more) criminal trial transcripts from start-to-finish as anyone in America. In my work and reading, I learned a thing or two about criminals, about attorneys, about trial judges, and about appellate judges. I could tell these writers some things they don't know. BTW, if you want to read a good novel written by a judge about a judge who uses drugs, etc., etc., try Martin Clark, The Many Aspects of Mobile Home Living (2000).

The Ballad of Judge John Phillips. "A Brooklyn-based filmmaker has spent the better part of the last two years compiling a documentary on a retired civil court judge's legal efforts to restore his once-vast real estate empire...The filmmaker, Hugo Espinel, a native of Colombia, has reportedly compiled in the neighborhood of 20 hours of footage. The film tells the story of how a real estate empire worth an estimated $10 million was dissipated, under the administration of a series of attorneys appointed by a state guardianship court. The current property guardian of Phillips' remaining estate, James Cahill, has said in a recent court proceeding that the estate is close to bankrupt...." More (Brooklyn Daily Eagle 09.22.2007). Comment. Hang down your head and cry....

Free press in India? Not if it involves criticizing judges. "A New Delhi court sentenced four journalists Friday to four months in prison for contempt of court after they criticized a former chief justice in print, a verdict slammed by critics as an assault on India's press freedom. The court said the four - two editors, a cartoonist and a publisher of the New Delhi-based Mid-Day newspaper - had tarnished the image of the court by alleging in their articles that former Chief Justice of India YK Sabharwal had ruled on the demolition of unauthorized buildings to benefit his sons' business interests...." More (Daily Times - Pakistan 09.22.2007). Comment. Couldn't happen in America, right?

Free speech for judges. "The state board that disciplines judges Friday followed the recommendation of a three-member panel and dismissed judicial misconduct allegations against outspoken state Court of Appeals Judge Wendell Griffen. 'It's about time,' Griffen said after the Arkansas Judicial Discipline and Disability Commission voted 5-1 to dismiss the allegations. 'I'm grateful to God that this has been dismissed. Everyone recognizes that this is a very important first amendment issue and how we look at freedom of speech.'" More (Arkansas News Bureau 09.22.2007). Comment. We said at the outset that we wondered if the members of the commission had read Republican Party of Minnesota v. White, 536 U.S. 765 (2002), and its progeny. It now appears they have, but the cost to Judge Griffen in defending himself has been, we presume, considerable

Justice Stevens, the liberal conserver in dissent. "Judicial liberalism, in other words, has largely become a conservative project: an effort to preserve the legal status quo in the face of efforts by a younger generation of conservatives to uproot the precedents of the past 40 years. Stevens, who wrote or supported many of those precedents, understandably objects when he feels they are distorted or mischaracterized by justices who were in college when he was appointed to the court. At the same time, merely conserving the achievements of the past is less than what many liberals today ultimately hope for. Can Stevens provide a model for a new vision of legal liberalism in the 21st century?" -- From Jeffrey Rosen, The Dissenter (NYT Magazine 09.23.2007).

Another review of Toobin's book on SCOTUS. "Of course, the myth is that the justices sit sealed on their Olympian perches, forever mum. In truth, some talk when it suits them, to toot their own horns, unburden their souls, allay their loneliness or justify something they've done. They talk very selectively: the more eminent and powerful the reporter or the publication, the more likely such conversations are. One can usually guess who's gabbing, for among those who follow such things, their penchants are well known. But there are other hints, like a certain kindness of tone in whatever ends up on the air or the printed page...." -- From David Margolick, Meet the Supremes, a review of Jeffrey Toobin's The Nine -- Inside the Secret World of the Supreme Court (NYT Sunday Book Review 09.23.2007). Comment. Margolick writes that "without [the justices'] off-the-record whispers, there would be no 'inside' story of any 'secret' world" for Toobin to tell. He's right that some of them are blabbers, but so are law clerks, who have their own partially-inside stories, and some of them have been known to blab, too. See, for example, Edward Lazarus, Closed Chambers (1998).

Clerks laid off in budget cuts picket courthouse celebration. "Courthouse clerks who lost their jobs picketed outside the new Kim C. Hammond Justice Center on Friday evening, still fuming from firings and layoffs over the past year and in late August. The clerks protested while guests walked into the justice center for a private evening to honor courthouse namesake Circuit Judge Kim Hammond. Some of the clerks said they felt as if they were treated like criminals the day 10 of them were asked to walk across the street to a meeting room, told by various directors they had lost their jobs and that their belongings would be gathered for them and brought outside...." More (Daytona Beach News-Journal 09.22.2007). Comments. a) If true, it's a helluva way to let loyal members of "the court family" go. But who really believes that "court family" nonsense? b) I've come to the view, after thinking about it for many years, that public buildings such as courthouses ought not be named after former judges -- or anyone else, for that matter.

Inmate gets 20 years for filing false liens against judges. "Mycal Antoine Poole was already serving a 60-year state prison sentence, but now he'll serve an extra 20 years for filing fraudulent liens totaling millions of dollars against two federal judges...." More (Texas Lawyer via Law.Com 09.22.2007).

To protect and serve: deputy saves toddler from courthouse fountain. "[William Powell, a] sheriff's deputy in Seminole County is being credited with saving the life of a 16-month-old girl who fell into a fountain outside a courthouse...." More (Local6 09.22.2007).

New 12-foot concrete security barrier to surround judges' parking lot. "The security wall that will surround a parking lot used by Cameron County state district judges and the district attorney is finally taking shape. County workers on Thursday were laying concrete blocks for the 12-foot concrete barrier that will also have an electronic gate entrance that only the judges and the district attorney will have access to. Currently, the judges are escorted to and from the courthouse by their court bailiffs...." More (Brownsville Herald - TX 09.21.2007). Comment. My opinion? It's an absurd waste of the taxpayers' money. Courts, by the way, aren't the only institutions that are becoming fortresses of solitude. See, Harvey Silverglate, Evolving Campus Culture - Tear Down This Wall (The Free for All 09.12.2007). Harvey Silverglate is a prominent Boston civil liberties attorney and a classmate of mine at HLS. The Free for All is a great blog he maintains with Wendy Kaminer, the First Amendment scholar.

The 'science' of collective decisionmaking. "A] seven-judge committee must decide whether to promote a candidate to a position requiring a young, trilingual person. Each judge estimates whether the candidate is young, and whether she is trilingual. In the end, 4 out of 7 judges think she is young and 4 out of 7 think that she is trilingual, but only two of the judges think she is both. How should the committee proceed?" Jean-François Bonnefon, a University of Toulouse psychologist, has published a report of his research on this titled "How Do Individuals Solve the Doctrinal Paradox in Collective Decisions? An Empirical Investigation." It's in the September issue of Psychological Science. More (Science Daily 09.21.2007). Comment. Here's another little puzzle. Each of nine members of a hypothetical appellate court gets a new law clerk each year. The judges in the hypothetical interview 50 candidates for the upcoming year. Candidate Y is the #2 pick of each judge but she is not selected, whereas some who were ranked as low as #49 or #50 are selected. Why? The answer is simple: each judge picks individually. They all rate different candidates ahead of her and select those candidates. For example, one judge picks his wife's brother's friend's kid. Another picks a less-impressive guy, giving him the edge because he graduated from the judge's law school. This illustrates subjective individual decisionmaking in a superficially-collective context.

Judge Sean MacBride says Ireland is going to hell. "A judge has declared that Ireland is 'going to hell' thanks to the number of foreign nationals who are entering the country. In an extraordinary outburst, Judge Sean MacBride raged against people who are travelling to Ireland illegally and claimed we are a 'laughing stock' because of the situation. 'This country is going to hell with people coming in with no papers whatsoever,' he said at a sitting of Cavan District Court. He made the comments after a 35-year-old foreign national appeared before him seeking bail...." More (Independent 09.21.2007).

Judge says he wants 'no nudity' in video link-ups with jail. "Video of a naked man being strip-searched in an Alberta jail cell flashed momentarily in front of a group of lawyers and other officials in a Victoria courtroom yesterday. The nude scene occurred when a dial-in video link between the Victoria courthouse and a man being sentenced from a jail cell in Alberta was established without warning to the jailers or the jailed. B.C. Supreme Court Justice Robert Johnston didn't see the video but warned Crown and jail authorities that any similar problems will mean the end to video appearances. That means the accused would have to be flown to Victoria for every hearing. 'I want no nudity in any linkup with the court,' he said." More (Victoria Times-Colonist 09.21.2007). Comment. Love that quote: "I want no nudity in any linkup with the court." It's a keeper.

Sick judges get sympathy but not 'sick' jurors.

a) "Many judges are falling sick due to stress as a result of the enormous work load. Not less than six judges are currently ill and being treated in hospitals both in Uganda and abroad, Justice Patrick Tabaro of the High Court said yesterday. He said he had suffered two strokes and at one time he was confined in a wheel chair...." More (All Africa 09.21.2007).

b) "High court judge Justice Courtney Day has warned against the practice of persons using doctors' certificates as excuses not to serve as jurors when subpoenaed by the court. Justice Day issued the warning during the opening of the Michaelmas session of the St Catherine Circuit Court in Spanish Town...." More (Jamaica Observer 09.21.2007).

Comment. The juxtaposition of these two stories calls to mind the hypothetical female judge who is tough on all the court employees with kids, telling them flex-time is verboten, but who believes a different set of more flexible rules apply to her situation as working parent, even though she has a nanny for her kids.

Judge and wife are charged with animal cruelty. "Well known dog show judge David Balfour and his wife have been remanded for trial on charges of animal cruelty at the Palmerston North District Court...." More (TV3 - NZ 09.21.2007). Comment. Misleading headline? We think not. To paraphrase Gertrude Stein, a judge is a judge is....

Group alleges former chief justice's sons got favors from government. "A group of jurists and intellectuals said on Thursday that they had official documents to prove that the companies run by the sons of former Chief Justice of India Y.K. Sabharwal benefited from out-of-turn allotment of institutional and industrial plots in Noida in 2004-06, at rates far below the market price...." More (Hindustan Times - India 09.21.2007). Comment. If you've got proof of wrongdoing, let's see it.

Courthouse painter finds old mural under five layers of paint; it'll be restored. "It started out as just another day at work for Dundee Andrews, as he pressure washed the walls of the Stephens County Courthouse and got them ready to re-paint. That was until he saw something a bit unusual under five layers of paint...." More (NewsChannel32 - GA 09.20.2007).

Defendant gets 75 years -- plus an extra six months for hurling file at judge. "On Wednesday...Damen Toy hurled a thick legal file at Cook County Judge James Obbish during a sentencing, striking the judge in the face, according to witnesses. The incident prompted Obbish to slap an extra six months onto Toy's 75-year sentence...." More (Chicago Sun-Times 09.20.2007). Cf., Throwing slippers (chappals) at judges in India.

Judge is chastized for chastizing weeping asylum-seeker. "A New York immigration judge[, Noel A. Ferris,] who rebuked a Chinese man for weeping during his asylum hearing has been rebuked herself by a federal appeals court that took the rare step of ordering her off the case...." More (NYT 09.20.2007).

Suspect is blown up in courtroom. "A man on trial for murder and rape has been blown up inside a courthouse in India's lawless state of Bihar, police said Thursday. The suspect was being escorted into a courthouse in Patna, the state capital, when unidentified attackers lobbed three bombs at him. The prisoner died on the spot of shrapnel injuries and three lawyers were hurt, a police spokesman said, describing the bombs as 'low-intensity improvised explosive devices.'" More (Inquirer - Philippines 09.20.2007).

Witnesses: judge gave preferential treatment to her clerk's live-in boyfriend. "In February 2004, Judge Beverley Nettles-Nickerson ordered the early release of a probationer who was her clerk's live-in boyfriend, according to testimony Wednesday at a special trial. The Michigan Judicial Tenure Commission says the Ingham County circuit judge gave special treatment to the man, Deshawn Anderson, who had been convicted of felony weapons and drug charges and violated his probation several times in 2003...." More (Lansing State Journal 09.20.2007).

Can the President fire John Roberts? "What would happen if the next U.S. president fired Supreme Court Chief Justice John Roberts? This is a question I put to U.S. law students visiting Prague recently. Not surprisingly, my question was met with uncomprehending silence, as such a move is inconceivable in just about any Western democratic country. An exception seems to be in the Czech Republic, where President Václav Klaus attempted to remove of Supreme Court Chief Justice Iva Broová from office in February 2006. The Constitutional Court subsequently invalidated Klaus' directive, but he and other politicians are still attempting to unseat her...." More (Prague Post - Commentary by Mark Gillis 09.20.2007).

Judge files for bankruptcy after divorce. "York County [ME] Probate Judge Robert Nadeau has filed for bankruptcy, saying that his recent divorce judgment left him with few assets and alimony and child support payments that eat up three quarters of his paychecks. In his filing, Nadeau claims he has more than $1.8 million in debts and liabilities. That, he says, is due to the divorce settlement as well, which is under appeal...." More (Portsmouth Herald News 09.20.2007). Earlier. Annals of judicial romance - judge and ex-fiancee reach agreement, drop petitions for protection; State supreme court suspends probate judge.

Judge censured for ex parte communication, vacating another judge's order. "[Judge Theodore S. Royster Jr., a] District Court judge[,] was censured late last month by the N.C. Supreme Court for how he handled a child-support case in Iredell County...Royster [was] accused of having a one-sided, or ex parte, conversation with an attorney representing a man who owed child support in 2005. Royster then struck down an order by another judge that called for the man to pay his child support, according to the N.C. Judicial Standards Commission...." More (Winston-Salem Journal 09.20.2007). Comment. Whenever I hear the name Winston-Salem, I think of Winston and Salem cigarettes. Whenever I think of Salem cigarettes, I think of the MAD magazine "ad," circa 1960, showing a man "sailing" his packs of Salem cigarettes as if they were toy boats. The punchline, a good one, was "Sail 'em, don't inhale 'em!"

The return of the prodigal judge. "Dallas County Democrats on Thursday are celebrating the return of John Creuzot, their prodigal judge...Sensing the changing political tide, he successfully switched parties in 1995 after the Republican political wave overwhelmed Democrats. But the tide turned again. And after watching last year's Democratic sweep, Judge Creuzot decided to go back home. He concedes that staying on the bench would be risky if he remained a Republican. 'There is an aspect of political reality, yes,' he said, adding that 'I probably wouldn't be making this decision' if Republicans were still in power...." More (Dallas Morning News 09.19.2007). Comment. Who says judges, no matter how they are selected, don't read the election returns and the polls? "Mr. Dooley" put it thusly: "'But there 's wan thing I 'm sure about.' 'What's that?' asked Mr. Hennessy. 'That is,' said Mr. Dooley, 'no matther whether th' constitution follows th' flag or not, th' supreme coort follows th' iliction returns.'" Finley Peter Dunne, "The Supreme Court's Decisions," from Mr. Dooley's Opinions (1901).

Wanna be a judge? Apply online! Now! "Thick judicial application packets are going the way of the storefront courthouse in California. This week, the Schwarzenegger administration will begin taking judicial applications on-line. The goal, officials said, is to encourage more people to apply as well as to reduce the reams of paper that now accompany most applications...." More (Press-Enterprise 09.19.2007).

Judicial economics: career law clerks are too damned expensive. "As expected, the Judicial Conference voted today to head off the pricey trend of federal judges stacking their chambers with multiple long-haul clerks. One judge, one career law clerk. That's the new rule...." More (Legal Times 09.19.2007). Comment. Speaking generally and everything else being equal, one experienced career clerk is probably worth three one-year novice clerks.

Annals of courthouse security. "It's a virtual treasure trove of contraband discovered in place where criminals gather and justice is the law of the land. We're talking about the Allen County Courthouse. Police say folks headed into the courthouse are stashing things in the bushes that are not allowed inside.

Six cell phones, two marijuana pipes and ten knives: that's what makes up the collection of items found by Parks Department employees in the courthouse bushes on Friday...." More (WANE-TV - Fort Wayne, Indiana 09.19.2007).

Men charged with terroristic threats against judge in rap video on YouTube. "Two northwest Missouri men have been charged with making a rap video that threatens to kill police officers, harm a judge and rape a female police officer. Police said the profanity-laced video, which has been pulled from the social networking Internet site YouTube, also threatens the destruction of a community...." More (Belleville News-Democrat 09.19.2007).

Former judge and accomplices are jailed over fraudulent land transactions. "The Gelephu dungkhag court yesterday sentenced four people to prison terms ranging from five to nine and half years in connection with the illegal transaction of 45.50 acres of land belonging to people who absconded the country in the early 90s. The Chukha dzongkhag's former drangpon, Thinley Wangdi, the former bench clerk of Sarpang district court, Tshejay Norbu, former Gelephu gup, C B Tiwari, and an accomplice, Dana Pati Khandal, were charged with forgery, criminal conspiracy, official misconduct and illegal transfer of immovable property...." More (Kuensel Online - Bhutan 09.19.2007). Comment. I didn't catch those names. Will you repeat them?

Closing argument of Anthony Forster, public defender. "[B]efore you go back into that jury room and send an innocent man off to die in prison, there is just one question I must ask each and every one of you. Will you marry me? Dammit, jury, I love you. I've loved you from the moment you were summoned to the courthouse, interviewed separately, and deemed to have no perceived bias or conflict of interest that would prevent you from ruling on this case...." More (The Onion 09.19.2007). Comment. Obviously a closing argument by a devotee of the Make-Love-to-the-Jury School of Winning Trial Tactics.

Judging wine. "[E]ven single-blind tastings never really eliminate context. You're rarely judging a wine solely on its own terms. What you tasted before and what you taste after affect how you experience what's in the glass, as do all sorts of other external factors like mood, health, time of day and other details of life. Most tasters try to be aware of these factors and to compensate for them as best they can. The more important questions involve the history and reason for a particular style of wine...[I]f you insist that this context is irrelevant you almost insure that you will never understand the wine. It's almost an anti-intellectual position. Obviously what's in the glass matters. But I think the more knowledge you can bring to a wine, the better your understanding of that wine will be...." -- Eric Asimov, Judging the judging (NYT 09.18.2007). Further reading. BurtLaw's Dog Judging, Jam&Jelly Judging, Etc.

Annals of judicial junkets and perks. "Chief Justice Marilyn Warren has cost Victorian taxpayers more than $50,000 in state-funded overseas trips since being appointed four years ago. Chief Justice Warren flew first class to conferences in the US, France and London. Taxpayers picked up the tab for a $7000 stay for the top judge and a guest at a luxury Paris hotel...." More (Melbourne Herald Sun 09.18.2007).

Annals of judicial embezzlement. "A Franklinville woman[, Karen M. Smith, 31,] pleaded guilty in Superior Court here on Monday to embezzling nearly $20,000 from three different municipal courts in Gloucester and Cumberland counties...Under the plea agreement, she must repay the money and will serve five years on probation. The Gloucester County Prosecutor's Office accused Smith of receiving payments for municipal court fines by altering computer records to reflect a lower fine than was actually assessed, keeping the difference for herself...." More (Cherry Hill Courier Post - NJ 09.18.2007).

Wigs in Hong Kong. "It is difficult to persuade people that judges and barristers understand life in the 21st century when they insist on dressing for work as if in the 18th century. Lord Phillips of Worth Matravers, the Lord Chief Justice, has announced that from next January judges in civil cases will no longer wear wigs, collars and bands, although they will retain a simple gown...When the United Kingdom exported the common law to its colonies, the Ede and Ravenscroft wig box travelled along with the reasonable person on the Clapham omnibus, the rational behaviour of the Wednesbury Corporation, and the rule that what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey. A wig is hot in St Albans. But it is a positive health hazard in the courts of the Cayman Islands, Brunei and Hong Kong, even when the air-conditioning is working...." -- From a terrific piece, You are what you wear on your head? Nonsense! by David Pannick, QC. (Times UK 09.18.2007).

Ex-judge is out of jail after paying part of money he owes ex-wife, kids. "A disgraced former judge[, Reynold Mason,] was sprung from jail yesterday after he finally came up with some of the money he owes his ex-wife and kids. [He] forked over $30,000 of the $250,000 he owes his ex-wife, Tessa Abrams-Mason -- enough to convince Manhattan Supreme Court Justice Joan Lobis to let him out of jail after 3½ months behind bars...[He] was booted off the Brooklyn bench in 2003 for dipping into a client's escrow account." More (N.Y. Post 09.18.2007).

Judge as C.E.O. of city. "Judge Theodore Z. Davis, who has served as interim chief operating officer of Camden since January, got the job officially, as Gov. Jon Corzine extended the state takeover of the city for another five years and put Davis in the pilot's seat...." More (Cherry Hill Courier Post - NJ 09.18.2007).

A courthouse is a good place to have a heart attack? "John Davidson's racing heart was not a result of being on trial. The 72-year-old man from Merton just went to the Waukesha County Courthouse to fulfill jury duty. Lt. Larry Lafavor of the Waukesha County Sheriff's Department was chatting outside Judge Lee Dreyfus' courtroom...When Lafavor heard Bailiff Vicki Ferree call for an ambulance, he entered the courtroom to find Davidson lying on the benches as 'white as a clam,' Lafavor said. Davidson was gasping irregularly and, within 30 seconds, stopped breathing, Lafavor said." The AED (automated external defribrillator read "No shock advised" when Lafavor and another deputy held it to Davidson's chest. In other words, "he was a flat-liner." The two administered CPR and got Davidson's heart beating. At last report he's "doing fine" but needs surgery. Lafavor is quoted as saying that the courthouse is "a good place to have a heart attack," because it has AEDs "all over the place" as well as certified officers. Moreover, among the prospective jurors were a nurse and an AED instructor. More (Lake Country Reporter - WI 09.18.2007). Comment. Count on our friends in Wisconsin to "do it right" -- or, shall we say, to do it almost as well as we do here in MN.

Most unusual headline today: 'The Hanging of Judge Sonia Sotomayor.' "'When exactly is this hanging of the judge?' the Honorable Sonia Sotomayor[, U.S. Court of Appeals for the Second Circuit,] innocently questioned the founder of Urban Health Plan. While her portrait will bear the brunt of the hanging, the occasion to which the first Puerto Rican woman federal court judge refers will take place on September 21, 2007 at 11:00 a.m. when she is inducted into the Wall of Fame at Urban Health Plan, Inc...." More (Hispanic PR Wire 09.18.2007).

State senator sues 'God' in order to make a point. "State Sen. Ernie Chambers sued God last week. Angered by another lawsuit he considers frivolous, Chambers says he's trying to make the point that anybody can file a lawsuit against anybody...The Omaha senator, who skips morning prayers during the legislative session and often criticizes Christians...says God has caused 'fearsome floods...horrendous hurricanes, terrifying tornadoes.' He's seeking a permanent injunction against the Almighty. Chambers said the lawsuit was triggered by a federal suit filed against a judge who recently barred words such as 'rape' and 'victim' from a sexual assault trial...." More (Detroit Free Press 09.18.2007).

Appeals court rebukes a law school classmate of mine -- for the 10th time. "[T]he Appellate Division, 1st Department, has rebuked a Manhattan Supreme Court justice for excessively interfering with the examination of witnesses during a criminal trial. In the present case, the unanimous panel ruled that Justice Arlene R. Silverman's 'almost continuous interference' during both the defense's and the prosecution's questioning constituted reversible error, requiring the panel to throw out a guilty verdict in a felony drug-possession trial...Although the 1st Department has previously admonished Silverman nine times in varying degrees for her 'unduly and extensive' interference...the present decision marks the first instance in which a panel has cited her interference as grounds for reversal." More (Law.Com via NYLJ 09.18.2007). Comment. Arlene and I were classmates at Harvard Law School, Class of 1967. As I recall, she sat in an assigned seat near the front in first-year criminal law in 1964-65, taught in Austin Hall by then-novice law school prof Alan Morten Dershowitz, a whiz kid fresh from Yale Law School and a clerkship with Justice Arthur Goldberg at SCOTUS. I sat in back, one of the best of the backbenchers. BTW, I follow a double standard in the matter of judicial interference in criminal trials: I think a judge ought to be inclined to interfere if need be to protect a defendant's right to a fair trial but ought rarely interfere otherwise.

Lafayette's courthouse. "His likeness boldly surveys the exterior of the historic Fayette County Courthouse, so it's only fitting that an image of the Marquis de Lafayette will be on display inside the walls of the stately building. The Fayette County Historic Landmark Commission has paid for a print of an oil painting of the statesman for whom Fayette County was named in 1831 and will soon hang the painting in the main hallway of the courthouse. Three years ago this month, the commission realized a long-held dream when a Lafayette statue was placed on the courthouse lawn...." More (FayetteTribune - WV 09.18.2007).

FLA courts may be asked to cut budget by 4.2%. "While Florida courts may only be asked to make a 4.2 percent budget cut as opposed to 10 percent, such a reduction could still have significant effects on courts and citizens' ability to seek redress, according to State Courts Administrator Lisa Goodner...." More (Jacksonville Daily Record 09.18.2007).

Judicial contempt for criticism. "Delhi high court suo motu initiated contempt proceedings against Mid Day journalists for publishing a story questioning the acts of former chief justice of India (CJI) Y K Sabharwal. The message to the media was loud and clear -- you dare not write anything against the courts...[B]y gagging the media, the Delhi high court is only lending credence to the allegations against Justice Sabharwal. The Delhi high court in its judgment against Mid Day journalists said that they were guilty of lowering the dignity of Supreme Court in the eyes of the public. If the voice of the media were to be gagged, the dignity of the Supreme Court would be lowered for ever...." More (Times of India - Editorial 09.18.2007).

Judge Florentino Floro Redux. "[A] series of disturbing incidents appear to have the nation's top jurists rattled. According to local newspaper reports, a mysterious fire in January destroyed the Supreme Court's crest in its session hall, and a number of members of the court and their close family members have developed serious illnesses or have fallen victim to car accidents...." Judge Florentino V. Floro, Jr., who was removed by the Supreme Court after he said he regularly consulted three elves in reaching his decisions, denies involvement but "points the finger squarely at 'king of kings' elf Luis, who Mr. Floro says is bent on cleaning up what he says is the Philippines' corrupt legal system." More (WSJ 09.17.2007).

Judge goes easy on ex-soldier who sought 'suicide by police.' "A judge has spoken out about the impact of modern warfare on soldiers' behaviour after hearing how a former serviceman threatened to kill staff at a York mental health unit. James Mayo subjected staff at the unit, in Union Terrace, to a terrifying ordeal during which he also said he hoped to be shot dead himself by armed police. At the time, he was already subject to two court orders imposed to control his behaviour. But Judge Jonathan Durham Hall QC decided not to lock up Mayo, saying he needed help and that he was 'very impressed' by his efforts in serving his country...." More (This is York - UK 09.17.2007).

Judges may soon be judged by fellow judges on performance. "Judges face having their performance in court assessed under plans to ensure that their skills in handling cases are up to scratch and that they treat people fairly and courteously. Judges across all ranks could find themselves being examined on handling a court, showing authority, communicating and resolving issues and managing time and workloads, in the plans under discussion. The move would see them appraised formally on how well they listen; whether they communicate clearly without using legal jargon and on the general handling of their cases...." More (UK Times 09.17.2007). Comment. But what if the judge who sits in on one of your sessions is an incompetent drip himself?

Stanley Grizzle's long journey. "'All we black kids could do was run, eat, shine shoes and say 'yes, sir' and 'yes, ma'am,' [Stanley] Grizzle, 88, said yesterday. Still, being a porter [for the Canadian Pacific Railway] 'was a beautiful experience for a young black man who had nothing but hope.' With only the rails ahead of him, he had no inkling of how far that hope would carry him, or the titles he would add, one by one, to CPR porter: Second World War veteran, union activist, politician, civil servant, citizenship court judge, member of the Order of Canada. He certainly didn't anticipate having a city rename a small park in his honour, as Toronto is poised to do...." More (Globe and Mail 09.17.2007).

Keeping an eye on people wearing black robes. "Just because they wear black robes doesn't mean their temperament is always judicial. A Houston bankruptcy judge last August ordered a lawyer to the back of the courtroom to write out 50 times that he would not be disrespectful. A Harris County district judge during the 1980s demanded lawyers call each other 'doctor.' Another local judge cleaned guns on the bench while overseeing jury selection in a murder case...." -- From a report on the Texas Commission on Judicial Conduct. More (Houston Chronicle 09.17.2007). Comment. If you're a judge and you want a better sense of what can get you in trouble with the ethics folks, read The Daily Judge. And, for a limited time, we've doubled the cover price so that we can offer you a 50%-off deal, thereby allowing you to feel good about your purchase. Pay no attention to the fine print, which basically says that three months from now the cover price will triple and if you're one day late in paying you'll owe us 20% interest, compounded daily, plus a modest late-payment processing fee of $37. (Don't you just love the way American businesses do business?)

Candidate for judge is hurt in single-tractor accident. "A 52-year-old Tiro man sustained serious injuries Saturday evening after a tree top fell on him while he was riding his tractor in the woods. Patrick Murphy, an attorney running for municipal court judge, was hurt when he backed his tractor into a tree while working alone in woods on his property...." More (Bucyrust Telegraph Forum - OH 09.17.2007).

Annals of Scandinavians getting each other's goat. "Police arrested a Danish marine for violating police regulation by urinating on the Reykjavík District Court building on Saturday night. According to police, the man was very drunk and was made to sleep it off in a cell. 'The captain of his ship came the next day, bailed him out and apologized to the Icelandic nation on behalf of the Danish Navy,' a senior police officer on duty told Fréttabladid...." More (Iceland Review 09.17.2007). Comment. Would a Norwegian do that sort of thing? To ask the question is to answer it -- i.e., we think not. Moreover, if he did, he wouldn't need a captain to apologize for him. And he wouldn't just apologize, he'd feel guilty about it the rest of his life.

Judicial politics, Chicago style. "The things ya gotta do to become a judge in Cook County. Sometimes you have to spend years cultivating relationships with Democratic committeemen, drive senior citizens to the polling place on Election Day, and hand out palm cards in the cold. Or you have to be born into, or marry into, a politically connected family. Sometimes you have to spend years cultivating relationships with Democratic committeemen, drive senior citizens to the polling place on Election Day, and hand out palm cards in the cold. Or you have to be born into, or marry into, a politically connected family. Here's the new wrinkle: Now some committeemen want you to have quality courtroom experience, too...." More (Chicago Sun-Times 09.17.2007). Comment. This is a hilarious, detailed report on the candidate selection process, with excerpts from the supplicants' pleas. The bad news for the committeemen? Voters are increasingly independent-minded, "taking newspaper endorsements to the polls instead of the party's palm card."

Courthouses as community gathering places. "Early birds were standing in line waiting for Mexican and Salvadoran food at the 10th annual Hispanic Heritage Celebration held on the Courthouse grounds Saturday in Sherman. By 11:30 a.m. those attending were either strolling through all the booths on the east and west side of the Courthouse, waiting in long lines for food, checking out some high flying kicks, or experiencing some high decibels down the glimmering Lowrider Lane -- AKA Travis Street...." More (Sherman Denison Herald Democrat - TX 09.17.2007). Comment. The secret to courthouse security is not turning courthouses into Supermaniacal "fortresses of solitude" but opening them up, getting more ordinary people to go there and watch trials, view art exhibits, see the flowers, attend community events, hear political speeches, or sit on benches and watch people go by.

A postage stamp for jury duty -- and the celebrities who were too busy. "The celebrities assembled last week by the Postal Service to launch a new stamp in honor of jury duty had one thing in common: none had ever served on a jury...The festivities [at the New York County Courthouse building] were delayed for the arrival of Mariah Carey, who teetered into the courthouse on five-inch heels half an hour after the unveiling was to start. (Explaining her own failure to perform jury service, she said, 'I was on tour.') At the ceremony, Carey said little. 'It's so early,' she began, before a microphone that had been affixed to her clingy black dress fell to the floor. 'It's very important to do your part in this wonderful country where we live,' she went on, before adding, again, 'It's so early.' (It was noon.)" -- From a great 'Talk of the Town' piece in The New Yorker by Jeffrey Toobin, author of a new book about SCOTUS titled The Nine. More (New Yorker 09.17.2007 - Issue dated 09.24.2007).

'I sentence you to an hour listening to Barry Manilow.' "Violaters of the city of Fort Lupton's noise ordinance were in for a big surprise this past Friday. The city's judge sentenced citizens who have been busted for being too loud to 1 hour of listening to unpopular or unusual music...Judge Paul Sacco carries out the punishment about four times per year. He said he believes the sentence fits the crime. 'When you have a person playing rap at extreme volumes all over the city, and they have to sit down and listen for an hour to Barry Manilow, it's horrible punishment,' he said...." More (CBS4Denver 09.16.2007).

Courthouse benches honor boys killed in Viet Nam. "A special project that was started a few years has finally come to fruition. Benches that will serve as a tribute to Mark Houston, Leslie McKillop, Mike Ash and Mike Chaney, Vietnam War veterans who died while serving. Between 80 and 100 people attended the benches' dedication Saturday afternoon on the Vigo County Courthouse's lawn...." More (Terre Haute Tribune Star 09.16.2007).

Annals of trial tactics: make love to the judges with your eyes. "'Make Love to the Judges With Your Eyes' is little short of an ace album, the plaintive, slow-burning, piano-driven opening of 'Dance for Me' stretching out into the kind of broad and easy melodies that will underpin the majority of the songs...." -- From a review of Pony Up's new album. More (MusicOMH.Com 09.16.2007).

'Reforms' proposed in the UK. "A former high court judge has suggested that judges hearing difficult legal cases could be allowed to call in colleagues to give a second opinion. Lord Coulsfield spoke in the wake of the collapsed World's End murder trial in Edinburgh, when the judge ruled there was not enough evidence. He told BBC Scotland there was an issue as to whether such major decisions should be taken by a single judge. The Scottish government has already hinted at legal reforms...The changes -- including the removal of 'double jeopardy,' the ban on suspects being tried twice for the same crime, and giving the Crown the right to appeal -- could form part of new criminal justice legislation scheduled for late 2008." More (BBC News 09.16.2007). Comment. Kipling's great poem, 'If,' bears re-reading now and again, when politicians -- of the legislative, executive and judicial kind -- are more and more "playing to the crowd," the baying crowd: "If you can keep your head when all about you/ Are losing theirs...." Further reading. Here's another relevant poem, by Josiah Gilbert Holland (1819-1881), that my mom taught me:

God, give us men!

GOD, give us men! A time like this demands

Strong minds, great hearts, true faith and ready hands;

Men whom the lust of office does not kill;

Men whom the spoils of office can not buy;

Men who possess opinions and a will;

Men who have honor; men who will not lie;

Men who can stand before a demagogue

And damn his treacherous flatteries without winking!

Tall men, sun-crowned, who live above the fog

In public duty, and in private thinking;

For while the rabble, with their thumb-worn creeds,

Their large professions and their little deeds,

Mingle in selfish strife, lo! Freedom weeps,

Wrong rules the land and waiting Justice sleeps.

China further limits use of death penalty. "China has ordered judges to use the death penalty more sparingly by showing leniency for murderers who cooperate with authorities and white collar criminals who help recoup their ill-gotten gains, the government said Friday...." More (IHT 09.14.2007). Comment. If China wants to "beat us" in yet another "category," it ought to abolish capital punishment and thereby join the ranks of Western Europe and most other civilized countries, leaving us in the company of sad countries like Iran, Indonesia, Saudi Arabia, etc. Further reading. BurtLaw's Law and Capital Punishment.

Judge named to hear disciplinary matter involving SCOWIS justice recuses. "An appeals court judge who gave Annette Ziegler's Supreme Court campaign $100 last fall withdrew late Thursday from the panel that will handle her disciplinary proceedings. Third District Court of Appeals Judge Michael Hoover was chosen Thursday afternoon to lead the panel, which will make a recommendation on possible discipline for Ziegler for overseeing cases while on the Washington County bench involving a bank for which her husband served on the board of directors...." More (WisPolitics 09.14.2007). Comment. What's an appeals court judge doing giving money to the campaign of a justice for SCOWIS? And what's a candidate doing in accepting contributions from judges and lawyers? When I ran for statewide judicial office in the general election in 2000, I made it clear I wouldn't accept contributions or endorsements from any lawyers -- or from anyone else, for that matter. Just say no -- it's easy, unless you're obsessed with inevitably compromising yourself and with "winning."

Latest on judge's wife convicted of refusing test and biting cop's finger. "Convicted at the age of 62 over biting a policeman's finger and a violent struggle after three attempts at a random breath test, a District Court judge's wife had her previous good reputation reinstated today after a judge dismissed two charges and quashed her $900 fine. Acting Judge Boulton dismissed charges of assault and resisting arrest against Joyce Wilhelmina Davies, now 63...." More (SMH - AU 09.14.2007). Comment. Every judge's wife gets one free bite? Just kidding. I'm sure she's a fine woman. The presiding judge says she just acted impulsively, with no assaultive intent. That's often the case, we think, when one discovers one's self biting someone's finger.

Texas courthouse preservation expert will tour condemned Ohio courthouse. "A courthouse preservation expert from Texas will be permitted to tour Seneca County's endangered 1884 courthouse next week, although county commissioners again denied a request to allow him to make a presentation at their meeting on Monday. Stan Graves, an architect who directs the Texas Historic County Courthouse Preservation Program, is to be in Tiffin next week at the invitation of the Tiffin Historic Trust, a local preservation group that is fighting to save the now-shuttered courthouse from the wrecking ball...." More (Toledo Blade 09.14.2007). Comment. The commissioners are allowing themselves to appear close-minded on the subject of reversing their unpopular and unwise decision to tear down the historic courthouse. Are they close-minded? We hope they'll change their minds. Tearing down the courthouse is a big mistake. Texas has made itself proud and is the leader in preserving historic courthouses. Many of the saved-and-restored courthouses are part of the Texas tradition of Christmas lighting festivals, that draw visitors (and shoppers) from far and wide.

Let's-Make-a-Deal Courts. "Until recently, if you were picked up on a DUI charge in little Waverly, Ohio, you could make a $1,000 'donation' to the village in exchange for a light sentence on a lesser charge. This isn't justice. It's 'Let's Make a Deal.' It's also the latest reason why the state Legislature should pass a bill that would abolish mayor's courts...." More (Canton Repository - Editorial 09.14.2007). Comment. And if you don't have a K note handy, well, you can always eat cake.

Judge sues to end mandatory retirement. "A Cook County circuit judge says a state law that restricts older judges from running for re-election is discriminatory. That law says judges can't run for their seat again after they turn 75. Judge William Maddux filed a lawsuit yesterday challenging the law. Maddux says age is not an indicator of ability...." More (Chicago Public Radio 09.14.2007). Comment. We're with the judge on this. See, BurtLaw on Mandatory Retirement of Judges. Interestingly, in the last year we've seen an increase in interest in abolishing mandatory retirement of judges. Most notable of those who've seen the light is N.Y. Gov. and Harvard Law grad Eliot Spitzer. Update. "This kind of age discrimination is profoundly un-American -- a flagrant violation of the idea that people deserve to be evaluated individually, by their abilities and their performance, and not as members of the demographic group to which they happen to belong. Substitute an ethnicity, gender or physical disability for the age limit on judges who want to run for retention, and this statutory presumption of incompetence becomes brazenly ugly and indefensible...." -- Columnist Eric Zorn. More (Chicago Tribune 09.18.2007).

Annals of judicial comp: judges living in government low-income housing. "A Bernalillo County Metropolitan Court judge who lived rent-free for nearly two years in a home owned by a government affordable housing agency has agreed to a reprimand and to pay $17,000 in back rent. The disciplinary deal involving Judge Theresa Gomez must be approved by the state Supreme Court...Attorneys for Gomez and the state Judicial Standards Commission asked the court to approve it. 'The misconduct in this matter is indeed significant,' commission attorneys told the justices...." More (Las Cruces Sun-News 09.13.2007). Comment. It's become common these days to blame all bad-weather events on a) "global warming" and b) "El Nino." Similarly, isn't it clear -- and I ask this without addressing the specifics of this case -- that it's getting impossible for judges to live normal lives when they only make more than 95% of wage earners?

Repeat DWI offender, ex-judge gets five days in jail and.... "When Maureen A. Cronin starts driving again [after 18 days of house arrest and five days in jail], the retired judge's car will have yellow license plates that signify a multiple drunken-driving offender. She'll also have an ignition interlock device on her dashboard that will measure her alcohol concentration when she blows into it. If the reading is acceptable, the car will start...." More (Youngstown Vindicator - OH 09.13.2007).

Glass as metaphor - the new courthouse in Plymouth, MA. "Judge Margaret Marshall, chief justice of the Supreme Judicial Court, said the wealth of glass panels in the imposing three-story structure 'was a symbol of the transparency of the justice within.'" More (Boston Globe 09.13.2007).

The Texas Judicial Cookbook. "If you're into photos of Texas courthouses -- and who isn't? -- there's a new cookbook you'll want to pick up. Described as a 'culinary tribute to these monuments of justice and leadership,' Dennis R. Mott's new Texas Judicial Cookbook (Ovation Books, $19.95) is a compilation of 59 recipes from current and former judges and state and county officials...." More (Philadelphia Daily News 09.13.2007). Comment. Count me in as a Texas courthouse photo fetishist.

Bringing the rule of law to college dorms. "This year, a new policy has been instituted that deals with the consequences of minor first-offenses on Fairfield[ University]'s campus. In the past, these minor offenders would be referred to the dean's office and the FUSA student court. Now, small, student conduct boards will be established in each residence hall to hear minor first-offense cases. The boards will consist of a representative from the dean of students, the area coordinator for the residence hall, and two members of the Fairfield RCC (Residence Community Council) for the building. Together, they will be called the RHCB, the Residential Hall Conduct Board...." More (Fairfield Mirror 09.13.2007). Comment. Now if judges can just establish the rule of law at their own family dinner tables, ensuring free speech by all family members, due process in adjudicating disputes over table manners, alternative dispute resolution of dinner table arguments, etc.

Betting on Supreme Court 'stocks'? "A generation ago, the financial writer Burton Malkiel suggested that the motions of the stock market, though in broad outline reflective of economic trends, were random and unpredictable from day to day. A similar case, it seems to me, can be made for the Supreme Court. Courts move in broad directions as a result of the political leanings of new justices; but in individual cases they can be quirky and unpredictable." -- From a review by Garrett Epps of Jeffrey Toobin's new book about SCOTUS, The Nine. More (Salon 09.13.2007).

Judicial house calls. "To serve justice, a Malaysian judge decided she can go any distance -- even if it means driving to the house of the accused to determine the truth. When Khalid Arshad, on trial for alleged improper business practice, was not in court Wednesday, Judge Nurmala Salim decided to personally verify the claim that he was bedridden after suffering a stroke, defense lawyer Venu Nair said Thursday...." More (IHT 09.13.2007). Comment. I recall numerous occasions when I was sick as a kid and my mom would call Dr. Silas Waldimar Giere, M.D., and he'd arrive with his little black leather bag and check me out briefly, then give me a penicillin shot in the rump. House call by judge to check on party or witness? New to me.

Britain's chief judge opposes role for Parliament in judicial selection. "Britain's most senior judge has strongly opposed any move towards American-style selection of judges involving Parliament. Lord Phillips of Worth Matravers made clear yesterday that he is completely against any role for the executive in appointing judges, as floated in the Prime Minister's recent Green Paper on governance...." More (UK Times 09.13.2007). Comment. When I was 7 or 8 years old I used to accompany my bro, who was four years older, and some of his friends to a secret hideaway in some bushes in a ditch next to a little-used dirt road at the edge of town, several blocks from our house. There they'd smoke -- and let me smoke with them -- Parliament-brand and Sir Herbert Tareyton-brand cigarettes. One of my bro's pals always got a chuckle out of a little twerp like me smoking cigarettes with such pretentious names. I guess the choice the Brits are contemplating is the choice between judicial selection involving Parliament and one left to a greater elite that includes the likes of Sir Herbert Tareyton. I gave up smoking when I was 8 or 9 years old, but I look upon Parliament and Sir Herbert Tareyton as old friends of my youth. Therefore I will not choose between them any more than I would choose between my kids. :-)

Annals of judicial notice: trial judge as sexpert. Superior Court Justice Bruce Glass was trying a 24-year-old man accused of rape in a case in which the man claimed consent. The defendant testified he was wearing a condom during consensual sex with the woman, who was 10 years older, when he began losing his erection, causing the condom to slip off. In rejecting the defendant's testimony, the judge said, "This man was 24 years old. He appears to be in good health and there is no indication he was not. A virile young man with a full erection bound on having a climax would not lose his erection. There is only one reasonable interpretation. He did not have a condom on at all." The judge added that the fact the defendant said he left for work shortly after having sex showed the sex was not consensual: "If it had been consensual intercourse, one would have expected him to show more compassion" instead of "callous[ly]" leaving for work right after the act. The Ontario Court of Appeals, granting a new trial, said the judge violated rules of "judicial notice" in reasoning as he did, in effect setting himself up as an expert and then crediting his own expertise. More (National Post 09.13.2007). Comment. And yet, jurors employ such personal-experience-based "reasoning" all the time in reaching their verdicts.

Baby Barista -- the ongoing soap opera of a young pupil barrister. "The story so far: BabyBarista has been a pupil barrister fighting to get a place at a London chambers since October last year. Early on, he made a faustian pact with The Boss to help cover up his negligence in return for preferment. Meanwhile, he has been committing various acts of subterfuge against his fellow pupils. First, he encouraged Worrier to make a career-limiting sex discrimination complaint. Then he set up BusyBody by making it appear as if she put a recording of the head of chambers' comments on YouTube. He is currently testing the faithfulness of TopFirst to his fiancee using HoneyTrap. Since April, another pupil, ThirdSix has arrived and UpTights has become his pupilmistress. OldRuin looks on unmoved...." For the latest installment in the ongoing adventures of Baby Barista and links to the earlier ones, click here (UK Times 09.13.2007).

Should Judge Hanson be impeached over decision in same-sex marriage case? "A conservative political activist is demanding that the Iowa Legislature impeach Polk County District Judge Robert Hanson, who ruled in August that the state's gay-marriage ban is unconstitutional...." More (Des Moines Register 09.13.2007). Comment. Impeach a judge named Hanson? Nay! Let no one suggest it! It is so difficult in places like Iowa and Minnesota -- where Andersons rule the public roost -- for a Hanson to achieve public office. See, 'If I change my name to Anderson, will the MN governor name me a judge?' That being so, we believe it is incumbent upon Iowans, Minnesotans, etc., who believe in equality of opportunity for all Scandinavian-Americans, not just those named Anderson, to rise up and defend Judge Hanson. Besides, what's so awful about a judge following his oath and deciding a case according to the constitution as he reads it? Further reading. Burton Hanson on Marriage and the Law.

Are judges' home addresses 'private' information? "Judges have reacted swiftly to condemn as 'inappropriate and irresponsible the publication of their home addresses by a fathers' campaign group. In an unprecedented statement, the Judicial Communications Office has said that the 'Judgebuster' campaign by the Fathers4Justice pressure group was designed to encourage harassment of judges...." More (UK Times 09.13.2007). Comment. Engaging in acts of rudeness and incivility -- as in picketing a judge's home, which is what the group has urged -- strikes me as a misguided strategy for winning sympathizers and achieving change. Did I say it's rude and uncivil? Yes. 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 ought not generally be permitted. Everyone is a private figure once he enters his castle and deserves the protection of the law against improper intrusion into that castle and upon the moat of privacy surrounding it.

Free speech at Harvard Law? "Even at Harvard Law School, the apex of the American legal establishment, there is a speech code -- dubbed 'Sexual Harassment Guidelines' -- that grew out of a 1990's student parody of feminist legal theory. Today students may safely engage in parody or other 'offensive' speech in Harvard Square (protected by the venerable First Amendment, after all) that would be punishable if spoken in Harvard Yard or Harvard Law School. A student may not, at Harvard, engage in the kind of parody we normal citizens freely watch every night on Comedy Central's The Daily Show and The Colbert Report. Our campuses of higher education, once the most free places in our society, are now the second least free (outranked, still, by our maximum security prisons)." - Harvey Silverglate in Evolving Campus Culture -- Tear Down This Wall (Free for All 09.12.2006). Comment. Harvey Silverglate was a classmate of mine at Harvard Law and is one of the premier civil liberties lawyers and defenders of the damned in America. One could say of Harvard Law what Emerson said of lawyers in his great journal, "[L]awyers...are a prudent race though not very fond of liberty." Ralph Waldo Emerson (Journal 04.1850). Harvey and Wendy Kaminer, the First Amendment scholar, have a great blog affiliated with Boston Phoenix, to which they both contribute, titled The Free for All. For some of my thoughts about Harvard Law, see, BurtLaw's Harvard Law.

Allegation: two judges in politically-sensitive case have eyes on SCOPHIL seat. "A possible seat in the Supreme Court might have motivated two of three justices of the anti-graft court to vote for the conviction of former president Joseph Estrada for plunder, a former opposition member-turned administration ally said Wednesday...." More (Inquirer - Philippines 09.12.2007).

Opinion: Sandra Day O'Connor Courthouse is 'overblown igloo.' "Look about seven blocks west on Washington Street and you'll see the Sandra Day O'Connor U.S. Courthouse, designed by an 'award-winning' New York architect. From an aesthetic and functional point of view, this $127.2 million overblown igloo is a pathetic testament to our 'tax dollars at work.'" -- From a letter to the editor. More (Arizona Republic 09.12.2007).

Of the Bhagavad Gita and the rule of law. "It's one of the most revered Hindu texts, but a controversial observation by an Allahabad High Court judge that the Gita should be made the national 'dharma shastra' or book of law has led to nationwide condemnation. Arguing that following the Gita must be a fundamental duty for all, Justice SN Srivastava observed 'As India has recognised its national flag, national anthem, national bird, national animal and national flower, Bhagvad Gita may be considered as national dharma shastra.' It's a statement that hits at the heart of India's secular laws and was immediately condemned by the Union Law Minister who said, 'For Muslims, it is the Quran and the Christians have the Bible. Every religion has its own dharma shastra, so how can we say it (Gita) is for the entire nation...." More (TimesNow.TV - India 09.12.2007). Comment. "The Bhagavad Gita...is a Sanskrit text from the Bhishma Parva of the Mahabharata epic...[It] is revered as sacred by the majority of Hindu traditions, and especially so by followers of Krishna. It is commonly referred to as The Gita." More (Wikipedia 09.12.2007). It is sometimes confused, by some Americans, with the Kama Sutra. "Kamasutram, generally known to the Western world as Kama Sutra, is [the] ancient Indian text widely considered to be the standard work on love in Sanskrit literature...A portion of the work deals with human sexual behavior." More (Wikipedia 09.12.2007). The judge's making the statement was akin to some SCOTUS justice saying that ours is a Christian nation and that the "national book" ought to be the Bible. Actually, our "national book" is the U. S. Constitution, which guarantees each of us the right to read anything we want, including The Gita and Kama Sutra.

Did fear of retention election prompt chief justice in PA to retire early? "Most actions at upper levels of government tend to spark speculation. So it is with the oddly timed resignation of state Supreme Court Chief Justice Ralph J. Cappy. Yesterday, he said he was leaving the bench at the end of the year despite the fact that he could serve, potentially, another six years. Political instinct suggests that the 64-year old Pittsburgh jurist, inextricably clothed in the 2005 pay raise he tailored, defended and kept, grew weary of wearing that self-made mantle or worried about facing voters in a yes/no election two years from now...." More (Philadelphia Daily News - John Baer's column 09.12.2007). Comment. One justice was discarded over the pay raise fiasco in the retention election in 2005 and another narrowly missed being ousted. Wise judges fear retention elections (Missouri Plan) over the rare contested election involving a real live challenger (Minnesota Plan). First, they know that lawyers, fearful of the consequences to their practices and standing in the bar, rarely challenge sitting judges in states like MN. Moreover, they know that voters who are vaguely dissatisfied with courts and judges seem to find it easier to vote "no" (against a sitting judge) in a retention election than they do to vote "for" some unknown or less-than-appealing challenger over a sitting judge. Read on...

PA judge is worried about pay raise backlash in retention elections. "The state's top Superior Court judge is speaking out. President Judge Kate Ford Elliot is worried that some experienced judges may be tossed out because of the continuing backlash against the judicial pay raise...Sixty-seven judges across Pennsylvania, including seven statewide judges are up for retention or reelection. Some anti pay-raise groups are urging voters to send a message by voting 'no.'" More (KDKA 09.12.2007). Comment. Russ Diamond of "PA Clean Sweep" is reported as saying that he "wants voters to vote 'no' on the retention of every judge on the ballot this November because judges got to keep the pay raise."

Judging beers is a sobering task. Tony Kiss, "The Beer Guy" columnist for the Citizen-Times in Asheville, NC, birthplace of the great American novelist and beer drinker, Thomas Wolfe (1900-1938), was one of the judges, in the light lager category, of the Blue Ridge Brew Off, an annual homebrewing competition hosted by the Mountain Ale and Lager Tasters homebrewing club. He writes that "[j]udging made me realize how much there is to learn about homebrewing," that "it's not just a matter of drinking some beers and deciding which was best," that "[a] detailed report had to be made on each of the brews," that the other judges were "much more knowledgeable, picking out various flaws and highlights," that there was "spirited debate" among the judges, and that the experience made "realize just how little I really know about the nuances of brewing." More (Asheville Citizen-Times - NC 09.12.2007). Comment. Sounds to me like "the rule of law" -- including the independence of beer judges from improper influence (except by the beer) -- governs the immensely serious task of beer judging. This is as it should be. Let's just make sure we judge our fellow citizens as fairly as we judge our beer.

Lawyers boycott courts in Twin Cities! "Lawyers boycott courts in twin cities. RAWALPINDI: Lawyers boycotted courts in Islamabad and Rawalpindi to protest the killing of a lawyer, Raja Muhammad Riaz, in Karachi on Tuesday. Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA) issued the strike call. Lawyers also protested tear gassing of their colleagues by police in Rawalpindi, in which seven lawyers were injured and eight cars were damaged. The deportation of Nawaz Sharif was also a subject of this strike...." More (Daily Times - Pakistan 09.12.2007). Comment. We didn't say "the" Twin Cities. If you thought we were referring to Minneapolis-St. Paul, MN, you were outrageously wrong.

Woman who impersonated judge's daughter is indicted again. "[Rebecca Jo Burke, 24, a] Tucson woman indicted in June on charges she impersonated a judge's daughter[,] has been indicted again, this time for fraud, theft and forgery...Three months ago, another Pima County grand jury charged Burke with one count each of taking the identity of another, fraudulent scheme and artifice, and theft by misrepresentation...That indictment also alleges that Burke passed herself off as Rebecca Bernini in that same time period. Deborah Bernini, a Pima County Superior Court judge, told the Arizona Daily Star Burke had been telling people she was the judge's daughter for the past couple of years...." More (Arizona Daily Star 09.12.2007).

Did judge tell woman seeking TRO to 'go home to Nicaragua'? "Anna Calixto went to court Friday seeking an order of protection from her husband, Fernando Calixto. Instead, she was told to go back to her native country of Nicaragua by Blount County Circuit Court Judge W. Dale Young, according to witnesses...." More (Maryville Daily Times - TN 09.12.2007).

Fake annulment scam in courthouse is investigated. "Alarmed over the reported 'annulment scam' inside the Palace of Justice, Regional Trial Court (RTC) Executive Judge Fortunato de Gracia conducted yesterday a fact-finding conference between him and the lawyer of the complainant. De Gracia urged lawyer Eugene Sumampong to convince his client to file an administrative complaint against the alleged 'facilitator,' who was identified as a utility worker...." More (Sun-Star - Philippines 09.12.2007).

'Dawson's Creek Courthouse' is damaged by contractor's cutting water pipe. "A broken water pipe in the New Hanover County Historic Courthouse that left a hole in the building's ornate ceiling and waterlogged carpet is going to prevent the New Hanover County commissioners from returning to downtown Wilmington anytime soon. A contractor accidentally cut the hot water pipe two weeks ago, sending water cascading through the building's third floor and plaster crashing to the floor. The leak left a roughly 4-by-6-foot hole in the red-brick structure's third-floor ceiling...." More (Wilmington Morning Star - NC 09.12.2007). Comment. The courthouse is where Dawson and Joey would have gotten their marriage license if they'd gotten back together, because Dawson's Creek, was filmed on location in Wilmington, NC. Dawson's Creek FAQ (CapeFearCoast.Com 09.12.2007). Who knows, maybe someday that dream will become a reality, say, in a made-for-TV movie titled Return to Dawson's Creek.

Was AG 'out to get' judge? "Alabama Attorney General Troy King ordered an investigator to find anything to get Bessemer Circuit Judge Dan King 'off the bench,' according to a sworn statement by former investigator Anthony Castaldo. Troy King's order came after a yearlong investigation by Castaldo found no evidence of wrongdoing by Judge King, according to the affidavit attached to a motion filed Monday in the Bessemer Division of Jefferson County Circuit Court. Castaldo's continuing investigation eventually led to a 56-count indictment against Judge King, charging him with tax, ethics and election-law violations. His trial is set for December. The motion filed Monday asks for the 56-count indictment to be thrown out...." More (Birmingham News - AL 09.12.2007). Comment. Don't know if allegation is true. We never believe mere allegations. But, if true, it all reminds me of a law school prof of mine who said he had been a part of AG Bobby Kennedy's "Get Hoffa" task force, which had an unlimited budget and the sole purpose of which was to turn up evidence of wrongdoing -- any wrongdoing -- by Hoffa. More (Law.JRank.Org). I recall a study featured in the beginning sociology text used at the U. of Minn. in the early 1960's in which a very, very high per cent of respondents, knowing their identities would be protected, admitted to having done things that, if they'd been caught and prosecuted, could have resulted in their being convicted of felonies. The study supports what I've long thought true: a) If you assembled a "Get Joe Blow Task Force,"