Judiciary

Book: Souter Distraught Over Bush v. Gore

U.S. Supreme Court Justice David Souter was distraught over what he viewed as a partisan decision by a majority of his colleagues in Bush v. Gore and considered stepping down from his seat on the bench of the nation’s highest court over the ruling. That is what an upcoming book…

Sep 6, 2007 8:50 PM CDT

Dogged Argument Lands PD in Jail

A Washington, D.C., lawyer with the public defender’s office ended up in a holding cell last week after a heated argument with a judge. Judge John Bayly Jr. said he acted because the PD, Liyah Brown, argued over with him over whether her client was homeless—and kept on arguing even…

Sep 5, 2007 12:48 PM CDT

Judges Object to Proposed Clerk Crackdown

Federal judges would be limited to just one career law clerk under a proposal made in a confidential report circulating among the judiciary. Federal judges who value the experience of career clerks are “hopping mad” over the proposal, the National Law Journal reports. Some are disputing the projected cost savings…

Sep 4, 2007 11:41 AM CDT

Bad Day for WA Judge: 2 Ethics Issues

When Judge Mark Chow made a quick—and, he admits, lewd—remark one day in January as he was presiding in King County District Court, he immediately realized he’d made a mistake. Although the 53-year-old jurist was responding to a man’s suggestion that he perform a sexual act, Chow’s response was inappropriate…

Aug 30, 2007 9:55 PM CDT

Was Judge’s Opinion Unethical?

Should a judge face an ethics complaint based simply on what he writes in a court opinion? No way, says Bruce Rogow, a law professor at Florida’s Nova Southeastern University. But attorney Wally Pope says the answer to that question depends on what the opinion says. The two lawyers are…

Aug 30, 2007 7:01 PM CDT

Fed’l Judge: Execute Inmates Efficiently

California’s death row is not only the biggest in the nation but perhaps the most backlogged. The average prisoner waits nearly 20 years to be executed, and, since capital punishment was reinstated in 1978, only 13 have been executed while 50 have died in prison, many of old age. Currently,…

Aug 30, 2007 6:14 PM CDT

Stop Sign Issue Halts Divorce Case

There were some unexpected legal developments today in a long-running divorce battle in South Florida. Miami-Dade Circuit Judge Paul Siegel apparently blew a stop sign and drove into a local intersection, colliding with a vehicle driven by former Miami Mayor Joe Carollo. Carollo had been scheduled to appear before the…

Aug 30, 2007 12:18 AM CDT

8th Circuit: Resentence Wal-Mart Exec

A federal judge may have been too lenient in sentencing a former Wal-Mart Stores Inc. executive to five years of probation (including about two years of home confinement) in a $500,000 fraud case, an appeals court has ruled. It says Tom Coughlin must be resentenced. A 28-year employee who rose…

Aug 28, 2007 4:27 PM CDT

Federal Judge Wants State Seat

A large caseload may have taken its toll on a San Francisco federal judge. The National Law Journal reports that U.S. District Judge Martin Jenkins is seeking a seat on the California State Court of Appeal. Jenkins didn’t explain why, but associates said the huge trial workload may have played…

Aug 28, 2007 12:47 PM CDT

Japanese Justice System May Change

Criticized for its almost 100 percent conviction rate, Japan’s legal system is in need of an overhaul, many believe. Among the critics is the country’s bar association, which condemned the execution of three inmates last week and called for a death penalty moratorium until the fairness of the justice system…

Aug 27, 2007 9:52 PM CDT

Judges’ Secret Bias Revealed

The chief judge of the federal appeals court based in New York City has a startling confession to make: Judges have a secret bias in favor of all things legal, including lawyers. Dennis G. Jacobs said in a speech published this spring (PDF posted by the New York Times) that…

Aug 27, 2007 6:36 PM CDT

Judge Fines PD: 1 Day OK for Trial Prep

Saying that a 20-minute talk with one’s client and interviewing witnesses during one’s lunch hour is sufficient preparation to allow a lawyer to try a case, an Ohio judge reportedly upheld his own earlier contempt-of-court citation and fined an assistant public defender Friday. Brian Jones refused to try a misdemeanor…

Aug 27, 2007 3:37 PM CDT

Contempt Trial for Arrested PD

CORRECTED: There’s no word yet about the result of a contempt trial scheduled today in the case of an Ohio assistant public defender briefly jailed last week after he refused to try a case he’d been assigned the previous day. Brian Jones, who is to be represented by a fellow…

Aug 25, 2007 1:12 AM CDT

Court Nominee Withdraws Over Illegal Alien Claim

A nominee for the Connecticut Appellate Court has withdrawn his name from consideration after a flap over his claim that the court system is closed to illegal aliens. John R. Downey, a judge on the state’s superior court, apologized in a letter announcing his decision, the New York Times reports.…

Aug 23, 2007 2:27 PM CDT

Insurer Fights Judge’s Claim

An insurance company is seeking a declaratory judgment that it owes no more than $3.4 million already paid to a Massachusetts judge who won a successful defamation judgment against the Boston Herald. Judge Ernest B. Murphy wrote Mutual Insurance Co. Ltd. on July 17, claiming he should be paid an…

Aug 23, 2007 11:55 AM CDT