Category: Courts

Bizarre, Courts, Lawyering, Society

Judge Recuses Himself After Denouncing Latte Drinking, Cigar-Smoking Lawyer

300px-Latte180px-Three_cohiba_cigarsJudge John Doyle is facing accusations that he is a latte-hating, cigar-smoker baiting jurist or worse. Doyle recused himself after losing his patience with a bank lawyer, Farzad Milani, and telling him that he could not allow the lawyer to sit in his office “smoking his Cohiba cigars and drinking his lattes” while the court does all the work. He should be less worried about playing around with judicial ethics as ticking off those jackbooted, over-caffeinated thugs at Starbucks.

Continue reading “Judge Recuses Himself After Denouncing Latte Drinking, Cigar-Smoking Lawyer” →

Academia, Columns, Constitutional Law, Courts, Politics, Society, Supreme Court

The Supremes: Picking the Top Nine Justices of All Time

court_front_medLast night I discussed the growing speculation that Justice John Paul Stevens, an icon of the Court with over three decades of service, may be preparing to retire (here). On both a personal and jurisprudential level, Stevens remains one of my favorite judicial figures. He is a man who had a transformative impact on his country. His place in history will likely be discussed for years to come. With this news and the justices returning to the city for the new term, this story may be of interest. Below is my cover article in the American History Magazine on my choices for the top nine justices — as well as my list of the Supreme failures on the Court.

Continue reading “The Supremes: Picking the Top Nine Justices of All Time” →

Courts, Justice, Media, Politics, Society, Supreme Court

Stevens: Speculation Grows Over Stevens Resignation

250px-John_Paul_Stevens,_SCOTUS_photo_portraitDue to its cultural insularity and secrecy, legal commentators often have to act like old Sovietologists who would predict shifts in power by who in the Politburo was standing where on top of Lenin’s tomb. For Supremologists, there are other common indicators: the most prominent is the reduction of judicial clerks. Speculation over Stevens’ retirement is now at its peak with news that he has selected only one clerk for next year. I will be discussing this story on tonight’s Rachel Maddow.

Continue reading “Stevens: Speculation Grows Over Stevens Resignation” →

Bizarre, Constitutional Law, Courts, Criminal law, Media, Politics, Society

New York Settles Mass Arrest Case — Drops Charges

232px-NYPD_BadgeThere is a mass arrest story. As has been discussed earlier, we have an ongoing arrest case in Washington, D.C., here. In May 2007 police arrested dozens of young people who police alleged were basically rioting through the streets. The students insisted that they were on their way to a funeral for a murdered friend. Now, there has been a settlement of the case with all charges dropped and the payment of damages.

Continue reading “New York Settles Mass Arrest Case — Drops Charges” →

Bizarre, Courts, Criminal law, Lawyering, Politics, Society

You Had Me At “Hello, Your Honor”: Houston Judge Indicted After Allegedly Offering to Help Woman in Exchange for a Sexual Relationship

260xStoryHarris County Criminal Court-at-Law judge Donald W. Jackson, 59, has been indicted on a misdemeanor charge of official oppression – allegedly offering to get a DWI defendant help in dismissing her case in exchange for a sexual relationship. Notably, he allegedly insisted that he was not interested in “a one-night stand” in seeking to secure counsel for Ariana M. Venegas. If so, it is a new variation on past judicial pick-up lines that simply offer to trade sex for rulings.

Continue reading “You Had Me At “Hello, Your Honor”: Houston Judge Indicted After Allegedly Offering to Help Woman in Exchange for a Sexual Relationship” →

Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics

D.C. Attorney General’s Declaration in Protest Case Challenged by Council Members and Lawyers

nickles2resizeThe controversy continues over the District’s alleged destruction of evidence and withholding of documents in the World Bank protest case. The case deals with the mass arrests conducted without probable cause during the World Bank/IMF protests of 2002. Under orders from Judge Sullivan, D.C. Attorney General Peter Nickles filed a declaration explaining his actions and that of his staff. It has now been challenged by members of the city council and the litigants.
Continue reading “D.C. Attorney General’s Declaration in Protest Case Challenged by Council Members and Lawyers” →

Constitutional Law, Courts, Lawyering, Religion, Society

Detroit Muslim Woman Sues After Being Told To Remove Hijab in Court

250px-Kalkan_market_2Raneen Albaghdady, a Muslim in Detroit, is suing ayne Circuit Judge J. William Callahan who told her to remove her hijab or scarf in his courtroom (like the one shown to the left of a different woman). She alleges denial of her freedom of religion as well as denial of access to the courts. She is also suing Wayne County.
Continue reading “Detroit Muslim Woman Sues After Being Told To Remove Hijab in Court” →

Congress, Constitutional Law, Courts, International, Justice, Media, Politics, Society

Obama Administration Loses Bid to Keep Secret the Recipients of $2 Trillion in Stimulus Money

180px-Preska225px-official_portrait_of_barack_obamaFor months, many Democrats and civil libertarians have complained about the disconnect between what President Obama says and what he does as President. One area of the greatest criticism has been the effort of the Obama Administration to block public review of embarrassing pictures, White House logs, controversial memoranda, or disclosure of governmental actions — despite his promise to guarantee transparency in government. One such person who appears to have lost patience with the Administration is Chief U.S. District Judge Loretta Preska. Judge Preska has rejected efforts by the Obama Administration to withhold information on who received $2 trillion dollars in bailout funds. The Obama administration argued that the public has no right to know such information. Given today’s news that the federal debt level will be reach $9 trillion, many people would like to look a bit closer at what Congress and the White House has been doing with the public fisc.
Continue reading “Obama Administration Loses Bid to Keep Secret the Recipients of $2 Trillion in Stimulus Money” →

Courts, Criminal law, Justice, Lawyering, Politics, Society

Judges in “Kids for Cash” Scandal Drop Pleas and Demand Trial

180px-The_Jury_by_John_MorganThe former Pennsylvania judges charged in the “kids for cash” corruption scandal — Luzerne County Judges Mark Ciavarella and Michael Conahan — have withdrawn their guilty pleas and demanded a trial. They took the step after Senior U.S. District Judge Edward M. Kosik refused to accept their plea agreement with prosecutors in light of their failure to take responsibility for their actions.
Continue reading “Judges in “Kids for Cash” Scandal Drop Pleas and Demand Trial” →

Bizarre, Courts, Society

Small Change: Man Opposes Child Support that Resulted From “Consumer Transaction” With Prostitute

180px-The_ProcuressAn Australian man is opposing child support on novel grounds: that payment would violate the Trade Practices Act. The man insists that he paid a prostitute for sex and that the sex was a “consumer transaction” and was confined by its terms to the sexual act.
Continue reading “Small Change: Man Opposes Child Support that Resulted From “Consumer Transaction” With Prostitute” →

Courts, Criminal law, Lawyering, Society

Two New York Criminal Defense Attorneys Convicted of Witness Tampering

Simelspicture-WebCriminal defense attorney and television commentator Robert Simels, 62, has been convicted in Brooklyn of plotting to kill witnesses. Also convicted was attorney Arienne Irving, 31, who was convicted of witness tampering. The jury only acquitted Simels on one count dealing with false statements after deliberating for seven days.
Continue reading “Two New York Criminal Defense Attorneys Convicted of Witness Tampering” →

Academia, Bizarre, Courts, Lawyering

Shock Video: BYU Professor Tasered in Court

We have been following questionable uses of tasers by police. This video from 2004 raises some disturbing questions where a former BYU professor Tom Lowery is tasered in court during a rambling argument. It is clear that the use of the force, in my view, was unnecessary and improper — particularly in a court of law.
Continue reading “Shock Video: BYU Professor Tasered in Court” →

Constitutional Law, Courts, Criminal law, Politics, Society, Supreme Court

Justice Denied: Seventh Circuit Rejects Challenge to Gun Registration Law

200px-Diane_Wood_in_2008.JPGThe Seventh Circuit continues to push the envelope on the recently recognized individual right to bear arms. In an interesting opinion by Judge Diana Wood, a three-judge panel ruled that the town of Cicero could still require gun registration without violating the Second Amendment. In the meantime, litigation is being planned over the Montana law claiming that guns in the state are exempt from federal jurisdiction and enforcement. Cicero businessman John Justice brought the challenge.
Continue reading “Justice Denied: Seventh Circuit Rejects Challenge to Gun Registration Law” →

Constitutional Law, Courts, Criminal law, Politics, Society

Nutter Threatens to Shutdown Court System and Cut Police Force

225px-Michael_NutterAs we continue to pour money into the wars in Iraq and Afghanistan, cities are continuing to shutdown for lack of money (here). The latest such story comes from Philadelphia where officials are facing a shutdown of the entire court system due to budget shortfalls. Mayor Michael Nutter is also threatening the cutting of 1000 police officers and 200 firefighters.

Continue reading “Nutter Threatens to Shutdown Court System and Cut Police Force” →