The Daily Judge

BurtLaw's Daily Judge is not an online newspaper and is not affiliated with or intended to be mistaken for any existing or previously-existing newspaper or journal. Rather, this is a so-called "blawg," a law-related personal non-profit pro bono publico First-Amendment protected "web log" or "blog," one with a subjective, idiosyncratic, and eccentric sociological and social-psychological slant that focuses not on the latest judicial decisions of supposed great legal importance but on a) the institution of judge in the United States and in other countries throughout the world, b) the judicial office and role, c) judicial personalities, d) the great common law tradition of judging as practiced here and throughout the world, e) judges as judges, f) judges as ordinary people with the usual mix of virtues and flaws, etc. We link to newspapers and other sources in order to alert you to ideas, articles, stories, speeches, law books, literary works and other things that have interested us and that may interest you. In linking to another site or source, we don't mean either to suggest we necessarily agree with views or ideas expressed there or to attest to the accuracy of facts set forth there. We urge you in every instance to click on the link and read the entire story or other printed source to which we link. We often use the linked piece as a springboard for expressing our opinion, typically clearly labelled "Comment."

About links. a) Links, like judges, eventually retire or expire, some sooner than others. b) Access to all stories via these links is free, at least initially, although some sites require free registration. c) Free access often turns to fee access after a day or a week or some such period. d) Entries, following the typical blog format, are in reverse chronological order.

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About Burton Hanson. Burton Hanson is a graduate of Harvard Law School, admitted to practice in the District of Columbia and Minnesota. He worked one year as Hennepin County District Court Special Term (Civil) Law Clerk, two years as law clerk for the late Justice C. Donald Peterson of the Minnesota Supreme Court, and over 26 years as Deputy Commissioner of the Minnesota Supreme Court. He was a nonpartisan candidate for Chief Justice of the Minnesota Supreme Court in the general election in November 2000 and a liberal anti-war candidate for Congress in the Republican primary in the Minnesota Third District in September 2004. He was one of the first law bloggers (blawgers). He began planning his first blog, BurtLaw's Law And Everything Else in 1999 but delayed starting it until after the 2000 general election. His campaign website, the no-longer extant VoteHans.Com, contained a personal campaign weblog, possibly the first such use of a weblog or blog. In 2004 he also used the personal blog format in his primary campaign for Congress. That site, BurtonHanson.Com, has morphed into a personal political opinion blog and also contains the archives of his 2004 campaign web pages and blog postings.

Judge challenging campaign finance law is hit with another complaint. "[Judge Bruce Priddy, a] Dallas civil court judge who has vowed to challenge campaign finance laws in Texas was served this week with a second lawsuit from the attorney general's office for failing to file required fundraising reports...." More (Dallas Morning News 11.08.2007).

Judge loses retention election. "Bradford County Judge John Mott Tuesday lost his judgeship in a decisive decision by the voters...Mott lost by an almost two-to-one margin, with 5,801 voters voting for his retention and an overwhelming 10,655 against it...." His opponents waged a "Not Mott" campaign. The governor gets to pick his replacement. More (Sayre Evening Times - PA 11.08.2007). Comment. Mott's case was unique, given his wife's embezzlement conviction. Elsewhere in PA the general anti-retention effort failed, although the margins of "yes" over "no" votes apparently were significantly slimmer than in other years and in some counties the "no" votes for judges facing statewide votes exceeded the "yes" votes. More (York Daily Record 11.08.2007).

Former C.J. says proposed 'reforms' are a step backwards. "Retired Supreme Court President Aharon Barak harshly criticized Wednesday the planned series of reforms the government intends to implement in the legal system. This marked the first time Barak publicly criticized Justice Minister Daniel Friedmann, who intends to introduce legislation that is meant to increase the authority of the political system and decrease the power of the Supreme Court...." More (Haaretz - Israel 11.08.2007). Comment. We're with Barak on this. In recent years Israel has had one of the best supreme courts in the world. The word "reform" is often used as a cover for a power grab. An outsider might well be excused for assuming that's the case here.

80-year-old retired judge subdues burglar. "Retired Baltimore Circuit Court Judge Thomas Ward...[an] 80-year-old former Army paratrooper and boxer[,] was walking home when he saw a man climbing a fence. 'I don't know what got into me, but I looked up at him and yelled, 'Come on, baby! You're mine!'...The two fought on the street until Judge Ward was able to subdue the suspect[, who now stands charged with burglary, assault and other crimes]." More (WJZ.Com 11.08.2007). Comment. Not too old to subdue a burglar half his age but too old to remain a judge in states like MN with mandatory retirement of judges at age 70. See, BurtLaw on Mandatory Retirement of Judges.

Did judge dump construction debris into river behind house? "A Baltimore City judge...allegedly dump[ed] as many as 40 truckloads of construction debris into the Patapsco River behind his Pasadena home. County inspectors found that during one weekend in October last year, landfill rubble including broken sinks and toilets, concrete blocks and rebar was piled along the shoreline where the river meets Stoney Creek on property owned by Baltimore City District Court Judge Askew W. Gatewood Jr...." More (Annapolis Capital 11.08.2007). Comment. An allegation is just that, an allegation, not proof of wrongdoing. Even if the debris was his, perhaps someone else, without his knowledge or authority, dumped it?

Should there be a 'business court'? How should it operate? "Judge Allan van Gestel dismisses the buzz that is making its away around Boston's legal community that he is stepping down from the state's business court that he shaped so effectively over the last seven years because he ruffled the feathers of his fellow judges and his bosses with his concerns about the future of the court. He is not, however, backing down a bit about those concerns...." Good column, Judge vs. the judges, by Steve Bailey (Boston Globe 11.07.2007). Comment. We're not in a position to judge, but we like what a prominent unidentified Boston attorney said to Bailey, "Allan is not their guy because Allan is no one's guy." Of how many judges can one say that?

Judge Charles Moylan on putting some sparkle in his opinions. "'If, without compromising the legal integrity of what you're saying, you're just lucky enough to, with a reference here to history or to literature -- if a paragraph may sparkle -- you're happy if that's the case,' he said. 'And it's also what makes writing fun. You can't do it in every case. If you're really stuck with some zoning case, there's probably nothing someone can do to breathe life into it.'" -- Judge Charles E. Moylan Jr., Ret., MD Special Court of Appeals, quoted in Laura Vozzella, Judge can write up a storm (Baltimore Sun 11.07.2007).

Man accused of killing wife, shooting judge takes mid-trial plea deal. "Wealthy pawnshop owner Darren Mack gave up his 17-month legal battle on Monday, the day his defense team was poised to begin his case, and pleaded guilty to fatally stabbing his estranged wife, Charla, in June 2006. Mack also entered a conditional guilty plea in the sniper-style shooting of their divorce judge, Chuck Weller...." More (Reno Gazette 11.07.2007).

When the 'rule of law' is suspended. "An Anti Terrorism Court (ATC) judge [in Lahore, Pakistan] on Tuesday sent 340 lawyers, who were arrested on Monday, to jail on judicial remand till November 10...." More (Daily Times 11.07.2007). Comment. I heard the editor of the paper on Canadian public radio's As It Happens last night. He's a very bright guy. He said the government of General/President Musharraf, who declared a "state of emergency" and "suspended" the Constitution, is pressuring the paper but the paper (i.e., the reporters, editors and publishers) are not allowing the pressure to affect them.

The thief who had the temerity to steal from a judge. "This thief had the temerity to steal from a former judge's house, but his freedom didn't last long. Crime Branch officials nabbed a history-sheeter Amrat who had several aliases like Teni and Amar Patel. He was finally arrested from a guest house near V S Hospital for stealing goods worth Rs 4.43 lakh from a retired Gujarat High Court judge's bungalow in August this year...." More (India Times 11.07.2007).

Father of victim defends judge against charges he was too lenient. "The father of the young girl whose abuse was captured on the notorious 'Werribee DVD' yesterday defended a judge's decision not to imprison eight youths for their role in his daughter's abuse. The Children's Court ruling...has been widely condemned as being too lenient...." More (The Age - AU 11.07.2007). Comment. The father says that the rehabilitation plan will reduce the likelihood of the boys' reoffending. The father has more sense than the judge's critics.

Judge wants lawyer tried for contempt for out-of-court statements after trial. Recently a Scottish student who is Muslim was convicted of terrorism offenses. After the trial his Muslim lawyer, speaking outside, said that the atmosphere in which the trial was conducted was one of intolerance, that some of the government's evidence was "farcical," and that the student's conviction was a "tragedy for justice and for freedom of speech." Now Lord Carloway, who is a high court judge, wants the lawyer tried for contempt. Many Scottish lawyers are coming to the defense of counsel, a highly-respected civil liberties lawyer. More (UK Guardian 11.07.2007). Comment. By seeking a contempt citation against the lawyer for his remarks about justice and freedom of speech, the judge in effect is displaying -- at least by American standards -- an insensitivity to free speech. But the Brits and the Scots have never been as free in their "free speech" as we Yanks are. Too bad for them. Update. Coalition of politicians, lawyers, writers calling treatment of lawyer an attack on free speech (Scotsman 11.08.2007).

An arraignment court filled with rodeo-goers. "Seven drink-drivers, three street fighters and a streaker were among 19 people in the Ashburton District Court yesterday as a result of their bad behaviour at the Methven rodeo at Labour weekend...." More (Ashburton Guardian - NZ 11.06.2007). Comment. Who says New Zealanders don't know how to have fun?

Ten sheikhs in custody in investigation of kidnapping of judge. "Many security forced were deployed Tuesday in Jihana and Bani Jabr areas in Kholan of Sana'a governorate to look for the Judge Ali al-Mutawakel who disappeared few days ago and said to be kidnapped...." More (News Yemen 11.06.2007).

Sisters will serve as judges together -- is this a first? In a contest held at a Tokyo fashion boutique, sisters Paris and Nicky Hilton "each chose one finalist for the Miss Universe Japan contest. A dozen or so more will be selected next month...." More (Houston Chronicle 11.06.2007). Comment. From being judged to being a judge, Paris has shown that changing a minus into a plus sometimes is as simple as drawing a vertical line through a horizontal one. We wish Paris and her young sis well in their new careers as judges. BTW, did anyone tell them it's a one-way ticket, that once you enter the judicial nunnery, you can't leave? Read on...

Becoming a judge remains a 'one-way ticket' in the UK. "[Rejecting plans by his predecessor, Lord Falconer,] Jack Straw has ditched controversial reforms that would have allowed judges, including former Lord Chancellors, to go back to work as lawyers after a stint on the bench...[The reforms ran] into strong opposition from judges...By convention, becoming a judge [in the UK] is a one-way ticket: lawyers exchange a lucrative but less predictable life at the Bar or in a law firm for a fixed salary, a pension and, on the High Court bench, a knighthood. Lord Falconer was determined to relax the rules...." More (UK Times 11.06.2007). Earlier. Sir Hugh Laddie started a furor when he retired from the high court, which bored him, to become a consultant to a law firm. See, Judge resigns from high court; Musing on judge who quit because he was bored; Ex top judge says judges don't always know what they're doing. Lord Falconer thereafter proposed reforms allowing judges to return to practice after a quarantine period. Judges in UK will now be allowed to return to practice. Now Jack Straw, his successor, has dropped his proposals. According to The Times, "The announcement means that the existing set-up, whereby judicial appointments are made for life, will remain in force, although if a judge decides to abandon his or her career, as Mr Justice Laddie did two years ago to take up a legal consultancy, [he] cannot be stopped.

Comment. So is it a one-way street or isn't it? Can a judge leave the law's priesthood or not?

President tells judges not to base decisions on public opinion. "President Umaru Yar'Adua, yesterday, told judges in the country to shun the temptation of basing their judgments on public sentiments, because, as he said, such verdicts would have far-reaching implications for the nation's jurisprudence and democracy...." More (Vanguard via All Africa - Nigeria 11.06.2007). Comment. And I would add, don't invite the president to speak at your week-long judges' conference next year.

How should a judge tell a woman to settle her differences with her husband? A judge in the Philippines has been found guilty of vulgar conduct and fined P5,000 for telling a woman in open court to "open her arms and legs next time she sees her husband." More (Manila Bulletin 11.06.2007).

The 360-degree judicial feedback program. It's The Judicial College of Victoria's 360-Degree Judicial Feedback Program, and a press release by the program's enthusiasts and advocates says it's drawing attention from neighboring states, the Commonwealth & the UK. "For each survey, 15 to 20 assessors -- lawyers, other judges and court staff -- are given the opportunity to provide feedback on a participating judge using an anonymous online questionnaire. The survey questions focus on things such as timeliness, courtesy, listening skills, and verbal and non-verbal communication – not judgments or sentencing decisions. The process is confidential for everyone involved. Each judicial officer is provided with the collated responses at a lengthy one-on-one debrief...." More (eGov Monitor - press release 11.05.2007).

Head of union says judges are so busy they've no time for nobler pursuits. "Jaromír Jirsa [is] the 41-year-old head of the Czech Union of Judges (SU CR)...With a sort of resigned tone, Jirsa explained in his office at Prague City Court that judges have no time for noble values such as ethics, morality or equity, and that their job has simply become a chore...." Specifically, in an interview, Judge Jirsa referred to the heavy caseloads and said: "The fact that [the work of judges] is a chore tempts one to decide the cases like they were on a conveyor belt, so there is not much time for a judge's deliberation. Judging is not a process of installing screws at a conveyor belt, rather it determines human fates, but when I speak with my colleagues about ethics and mission, these are just philosophical considerations for which in reality there is not much time." More (Czech Business Weekly 11.05.2007).

Polygraph exams for judges? "Fifteen of 16 officials at this year's Tennessee Walking Horse National Celebration who took polygraph exams about the fairness of the event came through without a hitch...The polygraphs were part of a plan announced this year before the 69th Celebration that included stricter security, random drug screening and closer inspections of horses and their hooves for any evidence of abuse to enhance their high-stepping performance...." More (The Tennessean 11.05.2007). Comment. I can see it now -- common law judges being put through the polygraph sweat-ringer, the needle jumping all over the place for some, not for others as they sit there, the sweat dripping from their brows. "Judge," asks the examiner, "did you engage in ex parte communications with so-and-so about...?" :-) Further reading. Robin Marantz Henig, Looking for the Lie (NYT Magazine 02.05.2006) ("[I]n general, even professional lie-catchers, like judges...perform, when tested, at a level not much better than chance...[and] most of the devices now available, like the polygraph, detect not the lie but anxiety about the lie.").

Judge is censured for 'perfunctory' and 'cryptic' orders. "The Bombay High Court has passed strictures against an Alibaug sessions judge for repeatedly passing 'cryptic' and 'perfunctory' orders...." The reviewing court can't fathom the judge's reasons from his orders and, presumably, the litigants can't either. More (DNA India 11.04.2007).

Senator vows to block elevation of judges who convicted his dad. "Senator Jose 'Jinggoy' Estrada on Monday vowed to block the appointment to the Supreme Court of the Sandiganbayan Justices that convicted his father -- former President Joseph Estrada -- of plunder. In a privilege speech, the younger Estrada said he will oppose the possible appointment of Sandiganbayan Justices to the High Court, saying such a promotion would seem like a reward in exchange for the guilty verdict against the deposed President...." More (GMA News TV - Philippines 11.05.2007).

A marshal claims that another marshal.... "A female judicial marshal has charged in a civil lawsuit that a male marshal sexually harassed her and tried to get her to have sex with him in a courtroom, but that their boss penalized her for complaining about it...." More (New Haven Register 11.04.2007).

Jails not fit for.... "Various officials...acknowledge[] that the 50-year-old [Passaic, NJ] jail lack[s] fire sprinklers and that temperatures climb[] to 100 degrees on hot days... [The] jail was built for 896 inmates. Last week, 1,934 were locked up there. Most spend their days in dorm-style rooms measuring 54 by 40 feet where they sleep, shower, and use toilets that lack ventilation and are only six or seven feet from eating tables...." -- From Mike Kelly's column. More (NorthJersey.Com 11.04.2007). Comment. So-called Christian politicians win votes talking about being tough on crime. If their message were truly inspired by the Gospel, I think they'd be talking, as Jesus talked, about things like man's inhumanity to man, as in mistreatment of people in our jails. Sometimes it helps turn people around if you ask them to imagine that one of their kids were to get caught doing something wrong and that he or she were to get incarcerated. Would they want the kid treated this way? Or it might just help if they would imagine what they say they believe -- that 'God is watching us.' If He is watching us, do you think He is pleased with the way we treat people in the Passaic jail -- or in countless other jails?

New 'Jury Duty' postage stamp. "The new jury duty stamp will be formally released by the U.S. Postal Service with a dedication ceremony Friday[, 11.09,] at the Cascade County Courthouse...." More (Great Falls Tribune 11.04.2007).

Our ally in Pakistan declares emergency, removes judges not loyal to him. "Pakistan's Musharraf Declares Emergency, Suspends Constitution, Removes Supreme Court Judges." -- Headline ( FOX News 11.04.2007). Comment. Sinclair Lewis offered us our own fictional version of this, a chilling vision of an America in which every overstepping of traditional boundaries is justified by reference to national security was prescient. See, S. Lewis, It Can't Happen Here (1935):

During the very first week of his campaign, Senator Windrip clarified his philosophy by issuing his distinguished proclamation: "The Fifteen Points of Victory for the Forgotten Men." The fifteen planks, in his own words (or maybe in Lee Sarason's words, or Dewey Haik's words), were these: (74-75)

* * * * *

(15) Congress shall, immediately upon our inauguration, initiate amendments to the Constitution providing (a), that the President shall have the authority to institute and execute all necessary measures for the conduct of the government during this critical epoch; (b), that Congress shall serve only in an advisory capacity, calling to the attention of the President and his aides and Cabinet any needed legislation, but not acting upon same until authorized by the President so to act; and (c), that the Supreme Court shall immediately have removed from its jurisdiction the power to negate, by ruling them to be unconstitutional or by any other judicial action, any or all acts of the President, his duly appointed aides, or Congress. (78-79)

* * * * *

The Speaker of the House, and the Hon. Mr. Perley Beecroft, Vice-President of the United States and Presiding Officer of the Senate, had the power to declare that quorums were present. (If a lot of members chose to dally in the district jail, enjoying themselves instead of attending Congress, whose fault was that?) Both houses passed a resolution declaring Point Fifteen temporarily in effect, during the "crisis" -- the legality of the passage was doubtful, but just who was to contest it, even though the members of the Supreme Court had not been placed under protective arrest...merely confined each to his own house by a squad of Minute Men! (165)

Update. Defiant Pakistani judges held incommunicado (Reuter's - India 11.05.2007). Comment. Maybe Musharraf read Lewis' novel.

Why'd Musharraf do it? "It was the near certainty that Pakistan's Supreme Court would rule against General Pervez Musharraf's eligibility to remain President that appeared to propel him to tear up the constitution. The 11-member bench looked set to decide 7-4 against the President in the next few days, according to legal sources. The government is likely to have learned of the position of the court through the four sympathetic judges -- who on Saturday took an oath of allegiance to Gen. Musharraf, after Chief Justice Iftikhar Mohammed Chaudhry and the remaining judges were fired...." More (Globe & Mail 11.05.2007). Comments. a) Why'd he do it? He did it for the same reasons it's always been done by people like him. Sinclair Lewis knew Musharraf without ever having met him, because Lewis, like James Madison, was a great social psychologist who understood human nature and how men are wont to behave in society and in government, if unchecked. b) And what can you say about those who'd remain on the bench and swear fealty to Musharraf after their brethren had been wrongly removed? Oh, I'd say there are lots of judges -- there, her and everywhere -- who value their own position more than they value principle, men who, if the chips were down, would continue to play the old game. But then there are those who wouldn't. Ah, yes -- let us now praise such men by way of a poem 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.

Josiah Gilbert Holland

Judge charged with DWI again. "State Court Judge Carlton Vines was charged this morning with driving under the influence and leaving the scene of an accident near Summerville, according to the Georgia State Patrol. The arrest is the second DUI charge for Vines, who presides over the state court of Chattooga County, said communications equipment officer Joseph Teet with the GSP post in Rome...." More (Rome News-Tribune - GA 11.04.2007). Update. Judge reportedly tells friends he'll enter rehab (WRCB-TV 11.06.2007).

Jurors are moved to different hotel after they complain. Sequestered jurors sitting on a criminal trial have been moved to a different hotel by a high court judge, Ian Brook, after the foreman complained about the cleanliness of the facilities and the service. Details (Trinidad Express 11.03.2007).

Judge is removed for coin-toss custody decision, etc. "A judge who made a woman pull down her pants in court and decided a child-visitation dispute with a coin toss was removed from the bench yesterday. The Virginia Supreme Court, acting on a complaint forwarded from the state Judicial Inquiry and Review Commission, ordered the removal of Judge James Michael Shull of the Wise County Juvenile and Domestic Relations Court...." More (Richmond Times-Dispatch 11.03.2007). Comment. Without any reference to this case or judge, one can say that some judges seem to have a knack for getting it wrong. Might those judges do better by the parties if they simply flipped a coin? We merely ask the question.

Conduct Board moves against GA judge. "Last July, we told you about the scrutiny that one of rural Clinch County's most powerful politicians, Superior Court Judge Brooks E. Blitch III, was under. It's gotten worse for him. He's been notified that the state Judicial Qualifications Commission has started proceedings against him to determine whether he is guilty of 'willful misconduct' that "brings your judicial office into disrepute...." More (Atlanta Journal-Constitution 11.03.2007). Comment. The news report summarizes the allegations as including "giving preferential treatment to family and friends, and generally acting like a crabby old man." Here's a link to the 58-count petition filed by the board.

Judge quotes Nietzche in dismissing prosecution of FBI agent. Said Nietzche: "[H]e who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." The judge who quoted Nietzche is Gustin L. Reichbach of State Supreme Court in Brooklyn. He did so in remarks accompanying the dismissal at the request of prosecutors, after jeopardy had attached, of the prosecution of a former FBI agent, Roy Lindley DeVecchio, for allegedly aiding a mob informer kill four people. More (NYT 11.03.2007). Comment. Just days after 09.11 I warned on my blawg, Law and Everything Else, that in fighting terrorists, we had to make sure that we didn't lose our values in the process. My post-09.11 postings, of which I am very proud, are part of the Library of Congress September 11 Web Archive, which preserves the web expressions of individuals, groups, the press and institutions in the United States and from around the world in the aftermath of the events on 09.11.

More and more, a two-tier system, with the rich using 'private judges'? "'I do worry. I see a two-tier system,' [said U.S. District Judge Terry J. Hatter Jr.,] in which well-heeled litigants opt for private judging rather than waiting for their cases to be heard in federal courts." -- From a report on a symposium at UCLA Law School on the worrying decrease in transparency in the civil litigation system, with "fewer trials being held, more private judges operating outside the normal court system and a proliferation of cases settled with confidentiality agreements." More (L.A. Times 11.03.2007). Comment. I first began calling public attention to the serious problem of lack of judicial accountability and transparency in a campaign essay I wrote in 2000; see, BurtLaw on Judicial Independence and Accountability. For some of my subsequent postings on judicial accountability, see, Judicial independence and its pal, judicial accountability (and links embedded in it) and the accompanying mini-essays ("The 'uncritical lovers' of the judiciary" and "The 'unloving critics' of the judiciary," followed by "A flurry of stories about judicial independence and judicial accountability").

Flying with the judge. "One of my favorite memories of the judge is of my last day in the clerkship. He decided that, as a final treat, he would take each of [his clerks] flying in a little two-seat airplane...I will never forget the experience of flying over the beautiful, wooded, rolling hills of central Connecticut with the man who had been the governor of the state. Though he was not given to poetic pronouncements, I remember the warmth in his voice as he talked about the beauty of the state he so clearly loved...." -- From an appreciation, on his death, of former Connecticut governor, U.S. congressman and appellate court judge Thomas J. Meskill by Melanie B. Abbott, who was a law clerk for Judge in 1984 and 1985. More (Hartford Courant 11.02.2007).

Denied a raise, judges find a way to get more perks. "Stymied so far in efforts to lobby Albany for a judicial pay increase, state court administrators said yesterday they have found funds to give each judge up to $5,000 a year to reimburse them for job-related expenses ranging from uncovered medical costs to judicial robe purchases. The 1,300 state judges also will get more vacation time, reimbursement for a third night of attending annual meetings of their judicial associations and a return to a statewide forum for their summer judicial seminars instead of a regional one...." Details (NYLJ 11.02.2007).

Judge's death is ruled 'most consistent with self-induced.' "The manner of Lawrence Circuit Court Judge Richard D. McIntyre's death is 'most consistent with self-induced,' according to the county coroner. McIntyre, 51, Bedford, who has been Lawrence Circuit Court judge since 1988, was found unresponsive by his wife, Meredith, in the front seat of a 2007 GMC Yukon parked inside a detached garage at his home Tuesday evening...." More (Times-Mail - Indiana 11.02.2007).

Board recommends discipline of two MS judges. "For the second time in seven months, the state's judicial watchdog group is recommending action[, in this instance a 90-day suspension,] be taken against Hinds County Justice Court Judge Nicki Boland for judicial misconduct. The commission on Thursday also recommended Hinds County Justice Court Judge Frank Sutton Sr. be publicly reprimanded for judicial misconduct in a separate matter...." According to the Board, Boland "engaged in judicial misconduct by repeatedly entering unlawful orders in a peace bond case resulting in the unlawful incarceration and court order treatment of a litigant." The Board said that in two landlod-tenant cases Sutton "engag[ed] in ex parte communications, fail[ed] to rule promptly, efficiently, and fairly and fail[ed] to be patient, dignified and courteous to an attorney." More (Jackson Clarion-Ledger 11.02.2007).

Activists march in Taiwan for new law on judges. "To promote a better judiciary, an alliance led by the Judicial Reform Foundation assembled hundreds of lawyers and activists in a demonstration in Taipei Oct. 27, urging the Legislative Yuan to pass the Judge Law by the end of this session. With the slogan of 'Say no to unqualified judges, mismanaged trials, and justice that comes too late,' the alliance said that there is an urgent need for the Judge Law. It proposes to establish an evaluation system for judges in order to remove those who do not qualify or abuse their powers...." More (Taiwan Journal 11.02.2007).

This is NOT an advertisement for vacationing in Mexico. These days Judge Thomas Culver, who presides over court in Fort Bend County Courthouse in Richmond, TX, isn't a walking advertisement for putting on a so-called "destination wedding" in Mexico for one's daughter. Seventy guests flew in for his daughter's wedding, held over the weekend at a resort in a city south of Cancun. The rooms of twenty of the guests were entered by someone using a card while the wedding was in progress and, according to the judge, "Someone with a pass code was able to access all of the locked safety deposit boxes in all of the rooms." The thief or thieves made off with "between $70,000 to $100,000 in jewelry and cash." The hotel management's response was hostile, with the manager allegedly threatening to have the complainants arrested for making false claims. The judge and his party checked out, moving to a hotel in Cancun for a short stay before leaving the country and returning to Texas. More (KHOU - Texas 11.02.2007). Comment. A few years ago a gal I knew was showing some pics of her bargain trip on a flying cattle car to Mexico. I asked her where she'd been. She said slowly and breathlessly, as if she'd been to the Emerald City of Oz, "Mazatlan." For all I know, the judge will visit Mexico again, so I don't want to attribute my disinclinations to him. Me? I wouldn't go to Mexico if you gave me a free round-trip all-expenses-paid luxury vacation, but that's just me. If you go, you at least ought to know what sort of a country you're visiting. Here's a link to WorldWorx Travel's report on the risks of traveling to Mexico, including Oz-like places like Mazatlan.

Judge is called a 'fool' in an e-mail circulated by a fellow judge. "Judge Hilton Fuller, whose handling of the Fulton County courthouse shooting trial has prompted the speaker of the House to threaten him with investigation and possible impeachment, has now incurred the wrath of a fellow judge who calls him a 'fool' and a 'disgrace.' In an Oct. 11 e-mail sent to fellow judges in the Fulton County Superior Court, Judge Craig L. Schwall asked whether there was any way 'to replace the debacle and embarassment Judge Fuller is...Surely he can be replaced. He is a fool...We should investigate if it can be done.'" More (Atlanta Journal-Constitution 11.01.2007). Comment. One might ask, rhetorically, whether as a general matter a judge himself isn't a "fool" who sends around an e-mail like that to colleagues on a multi-judge trial bench. We think it's bad manners to call any judge, particularly a fellow one, a fool. BTW, Anne Emanuel, a professor of law at Georgia State, has written a thoughtful response to what she terms the "scapegoating" of Judge Hilton over his approving of public funding of the defense, which has raised the insanity defense, to the tune of $1 million. She asks why people are focusing on Judge Hilton and aren't asking why the county attorney filed a 54-count indictment, why the state's witness list tops 400 people, why he's assigned five attorneys to the case, and why he's "retain[ed] the best experts in the country on matters from forensics to jury selection." She asks, "Before we decide whether the defense costs are too high, don't we need to know what the state is spending?" And she reminds everyone that complex death penalty cases cost big bucks. More (AJC - Op/Ed 11.01.2007).

Update. Prosecutor asks SCOGA to remove Judge Fuller from case (Law.Com 11.03.2007).

NH judge admits she helped 'cook the books.' "Suspended Superior Court Judge Patricia Coffey has agreed that she violated judicial ethics rules by helping shield her husband's assets from creditors as he was being disbarred two years ago. The Judicial Conduct Committee accepted Coffey's agreement and declared on Wednesday that the case against her had been resolved, except for discipline...." More (Boston Herald 11.01.2007).

Appeals court judges 'go modern': they may now file seapate opinions. "Appeal court judges are now freer to disagree with one another...[as a result of] legislation covering the administration of justice in Barbados...." More (The Nation - Barbados 11.01.2007).

Manhandle the chief, go to jail? "Pakistan's Supreme Court today handed suspended jail sentences to Islamabad's former police chief and four other officers for 'manhandling' the country's top judge. The officers were found guilty of mistreating Chief Justice Iftikhar Muhammad Chaudhry as he went to court in March for a legal hearing following his suspension by President Pervez Musharraf...." More (Melbourne Herald Sun 11.01.2007).

Courts routinely shackle teens accused of minor offenses. "Many US juvenile courts routinely shackle teens accused of minor crimes and deny them adequate access to a lawyer, a study released Wednesday has found. Most teens in the study did not get to meet with a lawyer before a hearing to determine whether they should be held in jail prior to trial. They also rarely got to adequately discuss their case with a lawyer prior to the trial date...." More (AFP 11.01.2007).

Comment. I've been a student of our juvenile court system since my high school days, when I won a prize in a statewide essay contest on juvenile delinquency. I know the way the system worked in the early 1960s, when I studied it as an undergrad in sociology at the U. of Minn. And I observed the developments in juvenile law during my nearly 30 years as a trusted aide in criminal and juvenile justice issues in our state court system. Frankly, I think that, on balance, the system has gotten worse rather than better.

Separation of powers comes to Bangladesh. "In a landmark move, Bangladesh's military-backed interim government on Thursday announced formal separation of judiciary from the executive, describing it as a crucial step to ensure rule of law and 'completeness of democracy.'" More (The Hindu 11.01.2007).

Lawyers thrash judge over denial of bail. "Lawyers in India's southern city of Chennai took the law into their hands and allegedly thrashed a judge for refusing to grant bail to their clients, news reports said Thursday...." More (Earth Times 11.01.2007).

'Flying pig tour' seeks 'no' vote on retention of judges in PA. "Gene Stilp said he successfully helped block the retention of state Supreme Court Justice Russell Nigro in 2005; however, he was told he'd 'never get another Supreme Court justice out unless pigs fly.' Stilp, director of Taxpayers and Ratepayers United, took it to heart, which is why he could be found yesterday standing beside his winged and pig-likened 1993 Bluebird school bus, encouraging area voters to vote 'no' for the retention of dozens of Pennsylvania judges...." More (Daily Collegian 11.01.2007). Comment. We doubt that the drive will succeed. One loses credibility when one argues that not one of the judges (or none minus one) merits retention.

Pakistan follows U.S. lead in military commission trials of civilians. "The Pakistan government will soon issue an ordinance that will allow military courts to try civilians for offences like terrorism and give sweeping powers to security and intelligence agencies...." More (Zee News 11.01.2007). Comment. And here I thought we were descending to their level. Now it turns out we've been setting an example they and others will follow. I've said it before: Sinclair Lewis laid it all out in 1935 in his prescient novel, It Can't Happen Here. In fact, I said it on 09.15.2001, just four days after 09.11. See, my mini-essay titled It can't happen here? at BurtLaw's Law and Everything Else. See, also, my comments at Bill establishing U.S. judicial branch inspector general. Further reading. U.S. District Court Judge John C. Coughenour, How to Try a Terrorist (NYT - Op/Ed 11.01.2007) ("Our courts ensure an independent process; they do not enforce the prerogatives of law enforcement. Any proposal that would blur this distinction would compromise a bedrock principle of government that has defined this country from its inception. This is a price too high to pay.").

Woman charged with felony for taping judge at public beach accepts plea deal. "Julie Ann Domotor, who spent 83 days in jail after being charged with illegally videotaping a circuit judge[, Richard Wennett, commenting on women's breasts at a public beach,] ended the ordeal on Wednesday. Domotor originally faced a trio of felony charges for videotaping her former fling...[She] pleaded no contest to a lesser misdemeanor of unlawful interception of communications in exchange for the felony charges' being dropped, and was sentenced to time served...." More (Palm Beach Post 11.01.2007). Comment. In our opinion, the FLA taping law is unconstitutional when applied to statements uttered in a public place. Moreover, the prosecution was a foolish prosecution. Ms. Domotor comes out of all this looking good, and we can't blame her for accepting a deal, given the alternative of spending more time in jail. We think Judge Wennett and the criminal justice system in FLA come out of it looking bad. Also, we note that the news report says Judge Wennett was informed of and approved the deal. That tends to indirectly confirm what defense counsel is quoted as opining: specifically, that Domotor's arrest "would not have happened if the victim were not a judge" and that "[a]ny ordinary person would have been 'laughed out of the police department' if they tried to raise the same complaint."

'Tex' is in minor trouble again over things he said in court. "Tex," as Justice Eugene Ewaschuk of the Ontario Superior Court is known, "is in hot water again." While upholding the judge's order extraditing Adolf Horvath, a so-called Roma, to Hungary for prosecution on fraud charges against a claim that he'll be persecuted there because he is a Roma, the Ontario Court of Appeals scolded the judge for: a) saying Horvath doesn't look like "a typical Gypsy," b) expressing skepticism about the term "Roma," saying that its "primary dictionary definition is an 'Italian tomato,'" c) referring to a judge of the British Columbia Supreme Court as "a pretty arrogant judge," d) referring to a judge of the Ontario Superior Court as "the Hungarian judge from Hamilton," e) describing another judge of the Ontario Superior Court as "sputtering all over the place" during a hearing on a particular case, and f) saying that a decision by yet another judge of the Ontario Superior Court was "not the strongest authority." More (Globe & Mail 10.31.2007).

Court reprimands lawyers who lent money to judge. "The Missouri Supreme Court issued public reprimands Tuesday to four area lawyers who lent money to a Kansas City judge and handled cases in her court...." More (Kansas City Star 10.31.2007).

Rwanda genocide trials -- who's to be sure a judge is free of guilt? "The Genocide trial of former Nyarutarama Gacaca court president, Thrones Mulihano, gets underway today. Nyarutarama is a Kigali city's posh suburb. Mulihano, who was sacked from Nyarutarama Gacaca court in September after serving for four months as Gacaca head in the area, is accused of burying one Innocent Nkubana alive during the 1994 Genocide...." More (New Times via All Africa 10.31.2007).

Further reading. Rwanda's post-genocide Gacaca courts (Wikipedia). Update. Judge is acquitted of genocide charges (Hirondelle News Agency via All Africa 11.03.2007).

Obama speaks at historic courthouse, former SCOSC justice endorses him. "Ernest Finney, a former state Supreme Court chief justice endorsed [Barack] Obama Friday, saying the Illinois senator's views on education helped him make up his mind. Speaking at the Clarendon County Courthouse in Manning, S.C., where families first sued the state over unequal education opportunities for blacks and whites in South Carolina in the 1940s, Obama spoke confidently about his presidential candidacy...." More (Fox News 11.03.2007).

Zimbabwe's magistrates, judges go on strike. "Zimbabwe's judicial system has ground to a halt following a nationwide strike by magistrates, judges and prosecutors for higher wages, according to state radio Saturday...." More (Digital Journal 11.03.2007).

Ex-judge is found guilty of biting son during altercation. "A former Cook County judge was convicted Tuesday of biting his teenage son on the hand during an argument in July. Lambros Kutrubis, 66, of the 300 block of North State Street was found guilty of misdemeanor domestic battery during a bench trial...[Kutrubis] was tried and acquitted of criminal damage to property [in 2004], after being accused of breaking a man's cell phone during a 2004 bar quarrel...He left the bench in Cook County in 2004." More (Chicago Tribune 10.31.2007).

Protests at home of judge who refused to stay open to accept death case appeal. "A group of activists...rallied outside Judge Sharon Keller's home...Tuesday night. Keller presides over the Texas Court of Criminal Appeals and refused to accept a late death penalty appeal on Sept. 25, which resulted in Michael Richard's execution...Keller told attorneys filing Richard's appeal that the office closes at 5 p.m. and would not grant them the 20 extra minutes they requested...[A group spokesperson] said the protest occurred at Keller's house because most members of his organization work until 5 p.m. when the Court of Criminal Appeals office would be closed...." More (The Daily Texan 10.31.2007). Comment. I don't think people should protest or picket outside a judge's home or, for that matter, outside anyone's home. But I have to admit the reasoning given by the group's spokesperson appeals to one's sense of poetic justice.

Earlier. Business as usual in Texas? 'Killer Keller' rebuked over death-row plea (Guardian UK 10.26.2007).

Divorce courts in shambles. "Ireland's divorce courts are overloaded and need a complete overhaul to make breaking up fairer and less of a bank-breaking ordeal, an expert report on the secrecy-shrouded system concluded Tuesday...." More (IHT 10.31.2007). Comment. If you just read the headline, you might have assumed the article was about divorce courts in your jurisdiction. Having gone through a painful, costly divorce in Hennepin County MN District Court that took nearly five years, I literally have nothing good to say about the divorce courts and its processes in "my" jurisdiction. If anything has been done to significantly improve matters there in the last few years, I haven't heard about it.

Was Moscow judge involved in some way in U.S. fake passport scheme? "A Moscow judge who ruled against the families of Dubrovka theater hostages has been implicated in a U.S. investigation into false passports, a case the FBI says is 'inextricably intertwined' with the disappearance of an American businessman. Marina Gorbachyova, a judge in Moscow's Tverskoi District Court until January, was drawn into the investigation by her brother, Egor Chernov, who is awaiting trial in Utah on charges of producing and transferring fake passports, according to an FBI affidavit filed in the U.S. District Court in Salt Lake City...." More (Moscow Times 10.31.2007).

Judge who was shot immediately suspected the guy who's now on trial. "After describing the terror of being shot in the chest and the fear of 'bleeding out' on the floor of his chambers, Washoe District Judge Chuck Weller testified Tuesday that he knew who likely was responsible. 'That man right there,' Weller said, pointing to Darren Mack beside his two lawyers...." The judge was standing near his third-floor office window and the shot was fired from a block or two away, as I recall from a contemporaneous reports to which I linked. More (Reno Gazette Journal 10.31.2007). Earlier. Dahlia Lithwick on the shooting of the Reno family court judge.

Judge tells subordinate judges to submit legible orders on 'fine quality paper.' "Justice Ijaz Ahmad Chaudhry of the Lahore High Court on Tuesday directed the subordinate court judges to write orders on fine quality paper so that the documents were legible...." More (Daily Times - Pakistan 10.31.2007).

Pathologist says judge didn't kill self but was murdered by strangulation. "The Government Medical College and Hospital (GMCH) here has submitted the autopsy report of Additional Sessions Judge Ajay Neelkanthrao Chavan (42) to police stating that he was murdered by strangulation...." More (The Hindu 10.30.2007).

Easier to confirm prosecutor as judge than a defense lawyer? -- oi veh! "'When most appointees come from prosecutorial ranks, the judges continue to think like prosecutors,' said criminal lawyer Sasi Gez. 'When you finally have some defender they want to appoint to the bench, then they say he consorts with criminals. There is no defender who doesn't have ties to criminals. Who else would he have contact with?'" This interesting story from today's (10.30.2007) Haaretz makes the point that it's relatively easy for a prosecutor, as compared to a criminal defense lawyer, to get confirmed as judge.

Judge tells female lawyer to 'sit down, shut up, let the man talk.' "In a U.S. District court hearing in Charlotte last week, things got a little testy between Judge Graham Mullen and a lawyer for the Securities and Exchange Commission. During an exchange about a type of short-selling stock transaction, Mullen told SEC lawyer Catherine Pappas to 'sit down, shut up, let the man talk, referring to opposing attorney George Covington, according to the transcript...." More (Charlotte Observer 10.30.2007). Comment. Probably not grounds for impeachment.

'Judging the halters.' "In many [exhibition] classes Alice had more than one animal and the judges would invariably assume that Alice would be showing...her best one...But Alice liked to mess with people so she would alternate showing the good and not-so-good animals. Funny thing, the animal Alice showed always won. Life is very subjective like that and, much like the gymnastics or pairs skating in the Olympics, the winner is sometimes decided even before the contest begins. It's why winning dog breeders and steer jocks pay certain handlers to show their animals. It's also why halter horse exhibitors dress their horses in fine English bridle leather and silver conchas with the horse's name engraved in gold...." -- From It's the Pitts: Judging the Halter (CattleNetwork 10.29.2007). Comment. Fascinating piece, worth reading in full. The author describes the practice of judges at halter horse exhibitions as "judging the halter," adding, "I have yet to see a winning horse, or a beef animal for that matter, win a blue ribbon that was shown in a crummy rope halter." To what extent, we can't help asking, are common law cases won or lost in our much-lauded courtrooms because the judge didn't like the cut of defense counsel's jib or the jury did not like the rape-complainant's halter top?

Ex-king grieves over judiciary's loss of the public's trust. "Malaysia's government faced mounting pressure Monday to pursue judicial reforms, as the country's former king voiced distress that judges are losing their case in the court of public opinion. Sultan Azlan Muhibbuddin Shah, addressing a conference of lawyers, said there have been recent 'disturbing events relating to the judiciary' -- an apparent reference to a scandal involving a video tape that allegedly provides proof of judicial corruption...." More (IHT 10.29.2007).

Tarisai blasts judges. "Australian Idol wannabe diva Tarisai Vushe has blasted judges Ian Dickson and Mark Holden in a backstage spray that accused them of sabotaging her chance to win the contest. Screaming at the pair after last night's show and slamming a door in Dicko's face, Tarisai said their critique that she was acting 'fake' during performances would cost her the prized recording contract offered to the winner...." More (News.Com.Au 10.29.2007). Comment. We think it's sad when unelected judges interfere with some 20-year-old gal's right to become "Australian Idol."

Long obit of pioneering female lawyer, judge. "Lisa Aversa Richette, [79,] a brilliant but controversial jurist who cared for battered women, the homeless, children at risk, the mentally ill and long-term prisoners, died of lung cancer on Friday...'She was flamboyant, outspoken, people respected her judicial acumen,' said retired Common Pleas judge and longtime friend David N. Savitt. 'She was her own person [and] was separate from the mold'...Michael Wallace, an attorney and onetime colleague on the Common Pleas bench, said, 'She had more guts than 90 percent of the male judges. She didn't care who was mad at her either. I loved her.'" More (Philadelphia Daily News 10.29.2007). Comment. This obit is worth a read, with colorful revealing details like these: "A tap dancer in her youth, she read widely, loved theater and attended the opera regularly with Common Pleas Judges John Chiovero and Savitt and their wives...Two of her dearest friends, Bill Brodsky and Fred Van Dyk, would chuckle when she'd show up at the Lombard Swim Club wearing her black judicial robe over her bikini. And she wore a bikini well into her 70s." Mayor Frank Rizzo did battle with her, referring to her as "Let 'em loose Lisa." She taught at Yale at one point and was author of a book titled Throwaway Children. We like the detail about her showing up at the swim club wearing her judicial robe as a swimsuit cover-up. Further reading. See, "On judicial swimsuits and the Rules of Judicial Conduct" (scroll down) at BurtLaw's Law & Swimsuits.

Spooky history comes to life at historic courthouse. The ghosts made a pre-Halloween appearance last week at the Lampasas County Courthouse "for a night of storytelling put on the by Lampasas County Historical Commission in observance of Texas Archaeology Month." More than 300 people attended.

"'I think this is the biggest crowd to be in this courthouse since the Horrell-Higgins trial in 1877,' joked Pat Millican, who played [a ghost]...Lampasas County Judge Wayne Boultinghouse, dressed somberly in black as an undertaker, was the master of ceremonies...." More (Killeen Daily News 10.29.2007). Comment. Texas has by far the best program of any state for preserving, restoring and creatively using its wonderful, historic county courthouses.

Hanging judge was just like you and me, descendant believes. "We look back today on the Salem witchcraft trials with a mixture of horror and fascination -- those awful Puritans! But how would you feel toward the judges who sent innocent people to the gallows in 1692 if one of them was a relative? Brookline writer Eve LaPlante faced that question when she set about writing Salem Witch Judge, the new biography of her ancestor, Judge Samuel Sewall of Boston. What she found surprised her...." More (Boston Globe 10.29.2007). Comment. She found that "He was very much the way I think of myself and my friends. He was very human and understandable, in a certain way ordinary...." Not surprising to me. Underneath the robes, each judge is generally just an ordinary Jack or Jill who happened to go to law school and who more likely than not was a friend of the governor or a friend of a friend of someone on a screening commission. Even the extraordinary Holmes, who towers over all those who've come after him, played Solitaire to while away the hours of an evening. BTW, unlike the other judges, Sewell later apologized for his role in the Witch Trials, calling for a public day of prayer, fasting, and reparations.

Why not some real chiefs as judges? "Some chiefs of the Greater Accra Region are advocating the inclusion of chiefs in the judicial system in order to make the delivery of justice accessible to local communities throughout the country. Nene Klangbojo Animle, Paramount Chief of Osu Doku, argued that the erosion of traditional judicial powers of the chieftaincy institution from the modern judicial administration has denied rural people speedy justice; hence increasing cases of instant justice and voodoo justice...." More (ModernGhana.Com 10.29.2007).

Why a history of SCOTUS? Peter Hoffer answers the question, in an essay titled Is the History of the U.S. Supreme Court Essential? Hoffer, who teaches history at the University of Georgia, is co-author, with William James Hoffer, of Seton Hall University, and N.E.H. Hull, of Rutgers Law School-Camden, of The Supreme Court: An Essential History (2007). (HistoryNewsNetwork 10.29.2007).

Few black lawyers are arguing cases at SCOTUS. "Several factors account for the dearth of minorities at the court: continuing problems in recruiting and retaining blacks and other minorities at the top law firms; the rise of a small group of lawyers who focus on Supreme Court cases; the decline in civil rights cases that make it to the high court; and the court's dwindling caseload...." More (IHT 10.29.2007).

Grad students as judges? "We are a nation of grad students, or that's what people in the book business seem to be hoping as they race to sell us not only the finished work of famous authors but also the rough drafts...." Charles McGrath, Whose Words -- I, Editor Author (NYT 10.28.2007). Comment. One could write an essay on the opinion-writing and opinion-editing habits of judges on federal and state appellate courts. If I were to write such an essay, one of my lines of inquiry would be whether those judges (that is, those judges who write their own opinions, a dwindling number) who follow what I'd call the obsessive-compulsive approach, with the approach's multiple drafts and extensive edits, produce a significantly better opinion than those who "whip them out" quickly, as, say, Justice Holmes did. I suspect the "grunters" generally do not write a better opinion, but that doesn't mean "their way" isn't right for them: perhaps they're just not as good writers and they somehow recognize this and recognize that they need to obsess over every word and phrase and sentence and paragraph, something better writers don't need or want to do. What's always amusing is when one of these "grunter"-types convinces himself he's God's gift to the judiciary and to the literary world and takes upon himself the role of Editor in Chief of the Court, driving colleagues crazy with his "suggestions," "tips," etc. As wildly imagined in a work of sheer fiction, such a judge -- perhaps a novice named Gradgrind -- would obsessively save all the various drafts, in numbered and dated versions, with each microscopic ~~modification~~ change being visible in each ~~version~~ draft, much as a statute's revisions are set forth, and would fool himself into thinking the various drafts would be of interest someday to judicial historians.

SCOPHIL dismisses judge over 'public immorality.' "In its decision [dismissing Judge Manuel de Castro], the [Supreme] Court stated that [his] acts of teasing a waitress in a videoke bar about her 'scant dress,' kissing her on the cheek and another waitress behind the ear, and attempting to enter the bathroom while one of the waitresses was inside, with his companions egging him on and in full view of the other drinking individuals in the bar 'translate into a violation of the Code of Judicial Conduct as they reflect upon respondent judge's utter disregard of public opinion of the reputation of the judiciary which he represents.'" More (Bohol Chronicle - Philippines 10.28.2007). Comment. He had been accused of rape but the woman claiming that retracted the allegation. One wonders if the supreme court shut that allegation out of its mind in deciding to dismiss the judge.

Cracks in Lady Justice. "Lady Justice and her friends are taking a vacation from their post in front of the Minnehaha County Courthouse. Cracks in the sculpture mean work is needed on the 10-foot-tall bronze, which was dedicated less than a year ago. And it's in the way of the courthouse remodeling project, so it will have to be temporarily moved...." More (Sioux Falls Argus-Leader 10.28.2007).

Some criticize judge over decision in garden design competition. "Controversy surrounds a rhododendron festival event after the visiting French garden design judge awarded first prize to what organisers and other entrants say is a sculpture that failed to win last year. Bruno Marmiroli gave the trophy to Richard Bain's corrugated iron cube decorated with plastic poppies purchased from The $2 Shop...." More (Stuff.Co.NZ 10.28.2007). Comment. When my mom, Beatrice (1913-1990), was a little girl, her older sister, Adeline, who I remember from my youth as a great cook, prepared several entries in various food preparation & preservation categories for county fair competition. Mom was allowed to use Ad's scraps & leftovers, which she submitted under her own name. Alas, some of Mom's entries beat out Ad's. That didn't please Ad! Alas #2: judging is always partly subjective. Some judges fooled themselves into thinking Beaty's pie was significantly better than Adeline's seemingly identical pie. Further reading. BurtLaw's Dog Judging, Jam&Jelly Judging, Etc.

Agin is late again. "The Mississippi Commission on Judicial Performance has recommended to the state Supreme Court that Madison County Judge William Agin be publicly reprimanded for failing to rule on a civil case in a timely matter. Agin previously had been cautioned by the judicial watchdog group for similar conduct More (Clarion-Ledger 10.28.2007).

Judges are better than mere lawyers? "Judges are known to have tough nerves. So when it was the turn of the judges of Bombay High Court to bowl the final over at the MC Chagla Cup T20 cricket match against the Lawyers' XI at Wankhede Stadium on Saturday, the team got into an officious huddle. The lawyers needed only seven runs off the last six balls to beat the modest 122-run target set by the judges. Finally, the unanimous decision to have Justice DB Bhosale bowl the final deliveries paid off and the judges lifted the match trophy, defeating the lawyers by a mere two runs...." More (DNA India 10.28.2007).

'Monkeys' outside judge's house. "There was lots of monkey business in Seend, near Devizes, on Saturday afternoon as members of the campaign group Fathers4Justice lobbied the home of High Court Judge, Sir Mathew Thorpe. Ten uniformed police officers, including a dog team, protected Sir Mathew's home, Beech House, from 15 protesters, many of them dressed in monkey suits, carrying placards saying 'Hear no evil, see no evil, speak no evil.'" More (This Is Wiltshire - UK 10.28.2007). Comment. As we've said before, we don't approve of people -- whatever the relative merits of their cause -- picketing outside the residence of a judge, other public figure, or anyone else. The only sort of house-picketing we'd except from our general ban would be, say, picketing outside The White House.

Shades of FDR's lil' ol' court-packing plan? "Two of five justices on Bolivia's highest court resigned Friday, a victory for President Evo Morales in a nearly yearlong struggle for control of the Andean country's judicial branch. But the departure of two judges named by past conservative governments does not guarantee Morales can tilt the Constitutional Tribunal in his favor before it is expected to hear challenges to several of the populist president's key reforms next year...." He still needs to get his replacement appointees confirmed. More (IHT 10.27.2007). Further reading. Joseph L. Rauh, Jr., A Personalized View of the Court-Packing Episode (Supreme Court Historical Society 1990 Yearbook).

Annals of sadistic judging. "The Supreme Court on Friday stayed a Delhi High Court's direction asking a sessions judge to undergo a refresher course in criminal law for not following the correct judicial procedure in a bail case. [At the same time, t]he court expressed its displeasure that judges were issuing non-bailable warrants irresponsibly and using their powers for drawing 'sadistic pleasure.'" More (Economic Times - India 10.27.2007).

Not all judges are equally bright? "The early years of the Charter of Rights were marked by erratic decisions rendered by judges with uneven intellectual abilities, the Ontario Court of Appeal's most senior judge said yesterday. 'The Charter had given constitutional jurisdiction to every mutt in the country,' Mr. Justice David Doherty told the Criminal Lawyers Association annual conference...." More (Globe and Mail - Canada 10.27.2007). Compare and contrast. "An outspoken Ontario Court of Appeal judge, Mr. Justice Michael Moldaver, was accused yesterday of using poisonous terminology in a personal campaign to 'prune the Charter with an axe.' Prominent Toronto defence lawyer William Trudell levelled the accusation during a speech to about 200 criminal lawyers who have been quietly stewing since Judge Moldaver publicly disparaged the defence bar...." More (Globe and Mail 10.27.2007).

Judges accountable only to Allah? "Mr Justice Javed Iqbal, who heads an 11-member bench of the Supreme Court hearing petitions challenging the acceptance of Gen Pervez Musharraf's nomination papers for the presidential election, said on Friday that the decision on the petitions would be in accordance with the Constitution...He said: 'The judiciary was independent, is independent and will remain independent. We as judges are answerable only to Allah Almighty; and after that to our conscience, rather than to a particular group of people.'" More (Pakistan Dawn 10.27.2007).

A court clerk is charged with fixing her own parking tickets -- 75 of them. "[Dawn Michelle] Nyberg, who used to be a clerk in Hennepin County's traffic court, was charged Thursday with dismissing, expunging or fobbing off on other unsuspecting motorists more than $5,000 worth of [her own parking] ticket fines and late fees between August 2005 and June, when the alleged scheme was discovered by police...." More (St. Paul Pioneer-Press 10.27.2007).

Courts and fires. "Courts will be extra busy next week as a result of the unprecedented weeklong closure because of wildfires. Each business day, more than 14,000 people enter the 10 Superior Court facilities in San Diego County. Michael Roddy, the court's executive director, expects the workload to return to normal in about a month...." More (San Diego Union-Tribune 10.27.2007).

Secret rulemaking by judges -- what else is new? "The panel of judges overseeing the federal judiciary's revision of its rules against judicial misconduct is refusing to disclose the public comments that could help shape the overhaul. After requesting public comments about the proposed rules, the Committee on Judicial Conduct and Disability refuses to say how many responses it received, who commented or what was said...." More (Kansas City Star 10.26.2007). Comment. Yet another example of judicial rejection of accountability and transparency.

Judge says he took 'shortcuts' to avoid getting reprimanded for being slow. "[Toledo City Judge Guadioso Villarin] told investigators he just wanted to avoid getting reprimanded by the Supreme Court for delaying action on cases. So he admitted making 'shortcuts' in handling petitions for the annulment of marriage...Rullyn Garcia, judicial supervisor of the Office of the Court Administrator...[is conducting an] investigation into alleged irregularities in the Branch 59 of the Regional Trial Court of Toledo City...." More (Cebu Daily News 10.26.2007).

One judge allegedly 'looked on' while another judge molested female intern. "[A] senior judge allegedly made inappropriate advances towards a young law graduate in his own cabin on the premises of district and sessions court in Nagpur on Wednesday. The complainant was an intern under former additional and sessions judge Prakash Thombre... [According to a named source,] 'The [complainant] said Thombre took her to fifth additional and sessions judge Shivaji Patil on the pretext of giving her some work. When they got there, Patil allegedly tried to outrage her modesty while Thombre looked on and did nothing to save her....'" More (Times of India 10.26.2007). Comment. Judges, like other people, ought to be presumed innocent of allegations of criminal wrongdoing until proven guilty.

Courthouse roof hit by metal thieves. "When the roof started leaking at the main Magistrate's Court in the English town of West Bromwich, lawyer Andy Chowdhury couldn't help but laugh. The court's roof, it seemed, had been targeted by metal thieves, losing enough bits of lead flashing -- the metal that stops water from draining through roof tiles -- that one day during this particularly rainy summer whole areas of the courthouse had to be closed off to the public. 'The court of justice got hit by the criminals,' said a grinning Mr. Chowdhury, who's also a partner at the local law firm Challinors...." More (Globe and Mail 10.26.2007). Comment. There's a big worldwide demand for metals, resulting in a huge increase in the price paid for scrap metal, making metal in buildings an increased target of thieves.

A retirement colony for judges in Delhi? "For the first time, the Government has mooted a proposal for providing permanent residential accommodation in the capital for retired judges of the Supreme Court. Described as a pet project of Law Minister H R Bharadwaj, early this month, the Department of Justice formalized it and sought 'in-principle' clearance and suggestions from the Ministries of Finance, Urban Development Ministry as well as the Prime Minister's Office. Several judges had complained to the Law Ministry about the exorbitant cost of suitable accommodation in the capital post their retirement...." More (Indian Express 10.26.2007). Comment. In a posting titled Should we televise judicial awards show? we asked whether an "American Judicial Walk of Fame" might be a great tourist attraction for some court, drawing judicial groupies from all around the globe. In making that proposal, we made another one, for a rent-subsidized retirement court called The Big Court:

It could be a money-making proposition, sort of like a museum gift shop, with friends who want to "immortalize" a favorite judge there being required to pay a modest fee, say, $5,000. The Judicial Walk of Fame Gift Shop could sell judicial bobble-head dolls, autographed copies of opinions by judges, etc., etc. The profits could be used to supplement the shockingly-low poverty-level salaries of judges and help fund a dream project, The Big Court, a rent-subsidized retirement court where the individual units would look like courtrooms by day but that could easily be converted to bedrooms at night through the use of Murphy beds, etc. During the day the judges would occupy themselves hearing moot court cases from local law schools. They would be allowed to play hooky and head for the golf course each afternoon without reporting their time off "the bench." Nurses would be required to address them as "Your Honor" -- or "Your Lordship."

For a design that might work for such a complex, see, our posting titled Of courtyard apartments & 'courtyards.'

Ohio judge is suspended for a year; he's on ballot for another term. "He's off the bench -- but still on the ballot. The Ohio Supreme Court suspended Mason Municipal Judge George Parker for a year Thursday, removing him immediately from judicial duty without pay. The decision, based on Parker's 31 violations of conduct rules for lawyers and judges, follows controversies that have dogged Parker since he took office in 2002...." More (Cincinnati Enquirer 10.26.2007).

Annals of the Majesty of the Law -- The Courts at Sam's Club Place. "St. Lucie County's courtroom shuffle could be under way again, this time moving some courts from downtown and northern Fort Pierce to the former Sam's Club warehouse on South U.S. 1. All family court cases will be heard in modular buildings placed in the Sam's Club parking lot starting early next year, Chief Circuit Judge William Roby said Thursday...." More (Palm Beach Post 10.26.2007).

Annals of judging -- Princess Katarina judges bra-design contest. "Trish Smith deserved the winner's cup for her 'Nesting Birds' -- two leaf covered nests with an artificial bird of paradise in one and a pigeon in the other. She was awarded first prize by Her Royal Highness Princess Katarina of Yugoslavia who...enjoyed judging the eye-catching display...." More (Mid-Sussex Times - UK 10.26.2007). Comment. Is there such a thing as an unbiased judge of a bra-design contest? Everyone has his preferences -- in size, style, design. "That black polka dot over there in size 34b is clearly -- and objectively -- the best," says Judge Armond Pouissaint, whereas his co-judge, F. Lavoris Pusso, wonders what is wrong with Armond's taste. Further reading. Brassiere (Wikipedia); Brassiere Measurements (Wikipedia); History of Brassieres (Wikipedia); The brassiere celebrates 100 (IHT 10.08.2007); Polka dot bras; Celebrity bra sizes; David Emery, The story of Otto Titzling, unsung inventor of the brassiere (About.Com); Obituary: Selma Koch, 95, Famed Brassiere Maven (NYT 06.14.2003).

Judge is admonished for using 'inappropriate' language in court. "[Mark Chow, a] King County [district court] judge was admonished Wednesday for trading lewd taunts with a defendant in his courtroom and making unusual references to the ethnicity of two others...." The judge agreed he did wrong, agreed to the admonishment, and agreed to participate in "training" to help prevent further like incidents. "Chow was presiding in a King County Jail courtroom Jan. 23, when a male defendant snapped at him with a vulgar sexual demand. Chow replied, 'I would if you pulled it out, but you can't find it.'" He also asked an Asian-American what "flavor" of Asian-American she was. More (Seattle Post-Intelligencer 10.25.2007). Comment. The day will come when the only people we'll get to be trial judges will be colorless types with robotic personalities who have programmed themselves to say either nothing or that which is bland and boring. That will not necessarily be a better day.

Judge gets restraining order against attorney. "A state appeals court has upheld an order requiring a Concord attorney[, James Disney,] to keep away from [Judge Peter Spinetta,] the judge who presided over his divorce case in 1994 and became the target of the lawyer's hostile letters, shouts and courtroom glares over the next 12 years...The First District Court of Appeal ruled Tuesday that the order did not violate the attorney's freedom of speech or his right to practice law, saying he remained free to criticize Spinetta in public as long as he left the judge alone...." More (San Francisco Chronicle 10.25.2007).

Judge gets cramps in both hands, adjourns court. "The Altantuya Shaariibuu trial was adjourned earlier than usual yesterday after the presiding judge started experiencing cramps on both his hands. Justice Mohd Zaki Md Yasin, known to be ambidextrous, first made his discomfort known to the court around 4pm when he asked witness Supt Soo Me Tong to stop his testimony for a while...." More (Malaysia Star 10.25.2007). Comment. In law school in the fall of 1964, my prop prof, the famed Bart Leach, advised us to take as close to verbatim notes as possible, then read them, understand them and condense them after class. I found my right (writing) hand would cramp up. Then I discovered "felt tip pens." Judge, I advise you to get your pen people to buy you lots of felt tip pens. It's BurtLaw Rule-of-Thumb #551: If you want to avoid cramping of the judicial hand, use felt tip pens.

OMG! Judge in mascot case belonged to student group with mascot in '60s!!! "[Judge Lawrence Jahnke, t]he judge in the University of North Dakota Fighting Sioux nickname lawsuit...was a member in the early 1960s of UND's Golden Feather pep club, a group limited to 30 male members each year...The group, founded in 1956, is credited with creating 'Sammy the Sioux,' a cartoonish mascot that was discontinued in the early 1970s...UND is suing the NCAA over a 2005 mandate that bars the school from displaying its nickname and logo in postseason play...." More (In-Forum - ND 10.25.2007). Comment. If judges were covered on an Entertainment Tonight-style TV version of The Daily Judge, tonight's headline teaser, repeated over and over on station breaks leading up to the show, would scream out the words of our headline, above.

Church and state in Israel. "If the 'Consensual Constitution' that Prime Minister Ehud Olmert promised to pass this year, along with the compromise that prevents the High Court of Justice from intervening in matters of religion, are both accepted, then the courts will be unable to save the country from examples of blatant religious coercion, as it did yesterday...." More (Haaretz - Editorial 10.25.2007). Related. "The High Court of Justice yesterday ruled in favor of farmers and against the Chief Rabbinate on the issue of kashrut certification for produce grown during the shmita, or sabbatical, year." More (Haaretz 10.25.2007).

Judge threatens journalists with contempt for misspelling his name, etc. "On 22 October 2007, [Liberia's] Chief Justice Johnnie Lewis threatened to imprison journalists for committing such 'infractions' as 'misspelling his name,' 'giving him wrong and inappropriate titles' and 'attaching his photos to stories that have nothing to do with him in their papers.' Lewis made the threats in open court, with the heads of several newspapers in attendance by invitation. The session was also attended by other members of the Supreme Court...." More (Center for Media Studies via AllAfrica - Press release 10.25.2007).

Judging candidates. "[R]apid judgments of competence based solely on the facial appearance of candidates predicted the outcomes of gubernatorial elections...Asking participants to deliberate and make a good judgment...reduced the predictive accuracy of judgments...[C]ompetence judgments collected before the elections in 2006 predicted 68.6% of the gubernatorial races and 72.4% of the Senate races...." -- From Abstract, Charles C. Ballew, II, and Alexander Todorov, Predicting political elections from rapid and unreflective face judgments (PNAC.Org 10.24.2007).

ABA criticizes slow judges. "The Athens Bar Association (ABA) issued an unprecedented statement criticizing some judges for the 'laxness with which they fulfill their duties, with regard to the quality and timing of the decisions they issue.' Sources said that the ABA was referring to some 20 judges that it believes 'systematically delay issuing even the simplest decisions, keeping case files in their drawers for as long as 10 or 20 months.'" More (Kathimerini - Greece 10.25.2007). Comment. It wouldn't hurt if slow judges here in MN and elsewhere were called to account.

The judge who warned gay lawyer about 'flamboyance.' "A Bronx judge who admonished an openly gay lawyer for dancing 'in a flamboyant nature' in the courtroom lashed out at the co-counsel yesterday for allegedly making facial gestures. Judge Richard Lee Price warned defense lawyer Thomas Giuffra not to show so much emotion...." More (N.Y. Post 10.25.2007). Earlier. "A boisterously eccentric defense attorney yesterday accused a Bronx Supreme Court judge of being 'homophobic' after the jurist told him to stop 'dancing' around 'in a flamboyant nature' in his courtroom...." More (N.Y. Post 10.24.2007). Comment. It's wrong for an attorney to "dance around" in court? Who knew? Is there any caselaw supporting that?

Courthouse Pub. "Courthouse Pub, located where F. Willinger's Beer Hall, Court Cafe and Pekel's Colonial Inn once stood, is one of Manitowoc's top destinations for fine dining in a warm and inviting atmosphere. The menu offers unique items with clever court-themed names...The 'Pre-Trial Motions' -- or salads and soups -- include Southwest chicken salad, Judge's Cobb salad, chicken salad...." More (Manitowoc Times Herald Reporter - WI 10.25.2007). Comment. I'll waive pre-trial motions. I'm tempted by the "Executioner's Last Meal Special" and the "County Jail Creamed Dried Beef on Toast," but give me a "Judge Hugo Black Frankfurter," without the "William O. Douglas Relish," and the pretty little lady will have an "Earl Warren Burger" with the "Sandra Day O'Connor Pickle." She'll also have a "Clarence Thomas Cola," and I'll have an "Oliver Wendell Holmes Boston Brahmin Pale Ale."

Quote-of-the-Day. "It is a fact that, by and large, judges in our country spring from the same milieu as the other rulers of the country." -- Tariq Ali, "writer-activist," interviewed in Newsline, October 2007. (Newsline - Pakistan 10.25.2007).

Did candidate for judge mislead voters into thinking she was incumbent? "The Judicial Qualifications Commission filed formal misconduct charges against Broward County Judge Terri-Ann Miller on Wednesday accusing her of misleading voters to think that she was an incumbent judge when she successfully ran for election last year...Her campaign material included a photo of her wearing a judicial robe and using words that implied she was the incumbent, the commission charged...." More (South Florida Sun-Sentinel 10.25.2007). Comment. What's deceptive, what's not? How many judges around the country post old photos of themselves, taken when they were younger, on court websites? Or put them in campaign brochures? Or provide such photos to the press? But, you say, surely it is improper for a nonjudge running for a judgeship to show herself wearing a robe? It depends. If the candidate attached a disclaimer saying, "This is what I'll look like wearing a robe if you elect me," we presume she'd be ok. Or it'd be ok if the disclaimer said, "Photo of me wearing a choir robe" or "Photo of me masquerading as judge on Halloween."

A 91-year-old convicted sex offender is accused of playing games with court. "A 91-year-old convicted sex offender who police said pretends to be incoherent when he gets into trouble will receive a psychiatric exam in connection with recent allegations that he threatened to rape a nurse at the nursing home where he lives...." More (Grand Junction Sentinel - CO 10.25.2007). Comment. For the edification of our readers, we herewith reprint an entry we posted in August of 2005 relating to another aged sex offender, whose opprobrious conduct was memorialized in vivid detail in the notorious opinion in Lason v. State, 12 So.2d 305, 152 Fla. 440 (1943). BTW, the opinion has been deemed of sufficient historical importance to merit its own entry in Wikipedia. Without further ado, our historic 2005 posting:

The notorious opinion in Lason v. State, 12 So.2d 305, 152 Fla. 440 (1943). As a student at Harvard Law School from the fall of 1964 through graduation in 1967, the 150th anniversary of the school's founding, I can verify that the most-notorious & most-diificult-to-find judicial opinion during that three-year period was that of Chief Justice Rivers Buford in Lason v. State, 12 So.2d 305, 152 Fla. 440 (1943). We typically referred to it as simply "12 So.2d 305." I first read it as a framed opinion on the wall of some buddies at the start of second year. It was difficult to obtain a copy. Fellow students regularly ripped it out of Langdell Hall Library's multiple copies of the West volume containing the 12 So.2d opinion in question. Librarians would make a xerographic copy of it & tape it back in, but within a few days it would be gone. The prosecution in Lason was one containing two counts alleging that 76-year-old defendant, John Lason, had "commit[ed] the abominable and detestable crime against nature per so" against two young women, ages 11 & 13." The facts were not in dispute: fellatio and cunnilingus had occured. But were those acts a crime within the comprehension of the particular statute he was convicted of violating? The opinion is notorious because of C. J. Buford's decision to quote verbatim the defense's statement of the question on appeal, a statement that put a pretty extraordinary spin on the facts. Purely as a historical curiosity, we reproduce that quote here, with the rhetorical query, "What was Chief Justice Rivers Buford thinking?":

'Does the one specific crime definitely defined and limited by Section 7567, C.G.L.-1927; 3534 G.S. (1906) 5424 R.G.S.-1920;