The Honorable Vanessa Gilmore: A Delicious Judicial Diva
If you're getting tired of our stories about the DOJ's Shanetta Cutlar and S&C's Alexandra Korry, we have a new name to add to our rotation of delightfully high-powered, imperious females. Meet Judge Vanessa D. Gilmore (at right), of the U.S. District Court for the Southern District of Texas.
Whisper her name out loud: "Vanessa Gilmore." Doesn't it even SOUND diva-licious? If she weren't a federal judge, couldn't she be a character on "Dynasty"?
But we have reasons other than the sound of her name for declaring this rather attractive jurist to be a judicial diva. From a helpful tipster:
I'd like to bring another judicial diva to your attention: Judge Vanessa Gilmore of the Southern District of Texas. You probably have already read about Judge Gilmore's ruling in the Enron broadband case vacating Howard's conviction. I'm not sure she's a match for Shanetta Cutlar, but she's no slouch either when it comes to divadom.[R]umors about her include:
* She has thrown her keys in open court at an attorney (I believe it might have been an AUSA) for calling her "ma'am";
* She ordered an AUSA to have John Ashcroft personally write her a letter explaining the DOJ's reasons for seeking the death penalty against one defendant but not others [the Williams case, discussed in more detail below];
* When she didn't like the particular font counsel used, she told him that she threw his motion in the trash without reading it, and then she ruled against him;
* During trial she is happy to make findings contrary to stipulations of the parties; and
* She encourages ex parte contact with the court and attempts to prevent record-making: any discovery "motions" must be way of a one-page letter to the court. She will then have a hearing which she considers an "oral motion to compel." She will happily rule without actually seeing any of the discovery propounded.
More about Judge Gilmore, including a discussion of how she got benchslapped by the Fifth Circuit, after the jump.
P.S. We welcome colorful anecdotes about strong personalities within the legal profession regardless of their race, gender, etc. It just so happens that lately we've been getting information about women. If you want to tell us about your workplace abuse at the hands of a man -- e.g., Eric Krautheimer, of Brokeback Lawfirm infamy -- we're all ears.
Our source -- a female lawyer, by the way -- continues:
For a taste of Judge Gilmore's divalicious style, check out the juicy footnotes to this 5th Circuit opinion (PDF), which contain tidbits from the trial transcript.If you haven't heard about that case... 20-some illegal aliens suffocated in the back of an 18-wheeler as they were being smuggled into Texas. I believe there were 17 or 18 people arrested and charged with conspiracy, but the DOJ sought the death penalty only against one: Williams.
Gilmore seemed to be convinced that it had to do with his race. She didn't consider that Williams drove the truck, and when the passenger in the cab with him heard the aliens in the back screaming for air and help, she begged him to turn on the air to the trailer. He refused and as a direct result, those people died.
Anyway, that opinion is *great* for the trial tidbits -- unbelievable a federal judge would say such things.
Finally, our source directed us to this post, at Houston's Clear Thinkers. Money quote:
[There has been a] rather strained relationship between Judge Gilmore and the Fifth Circuit over [the Williams] case. It all started when Judge Gilmore threatened to hold the prosecutors in contempt of court for failing to divulge internal Justice Department deliberations regarding the government's decision to seek the death penalty against one of the defendants. The prosecution filed a writ of mandamus (that's like suing the judge) with the Fifth Circuit Court of Appeals requesting the appellate court to order Judge Gilmore, in effect, to cease ordering the prosecution to turnover evidence of communications that are clearly privileged. The Fifth Circuit agreed with the prosecution, and issued this opinion that, among other things, is a rather sharp rebuke of Judge Gilmore's treatment of the prosecution in the case.
And in the comments to that post:
I watched Judge Gilmore during much of the first Enron Broadband trial and I was absolutely mortified at her lack of professionalism, ability and common intelligence (legal or otherwise). She ran that courtroom like a bad "In Living Color" sketch with a heavy dose of eye rolling, screaming, "talk to the hand" mentality. She is an embarrassment to the justice system and the profession as a whole. She is a living example of why we should never allow lifetime appointments!
Or is she a living example of... fabulosity? What's wrong with a federal judge demanding respect from those who appear before her? Or with a member of the judiciary (finally) standing up to the executive branch, which has arrogated so much power to itself in recent years?
To Judge Gilmore: Your Honor, go on with your bad self!
Judge Gilmore blasts the Fifth Circuit [Houston's Clear Thinkers]
Vanessa D. Gilmore bio [FJC]
(38) Comments
Where's your response to A-Koz?
Didn't he mention that these sorts of anecdotes are inherently suspicious (attorneys trashing judges before whom they've appeared) and inherently inverifiable?
Your source sounds like another douchebag lawyer who blames an adverse ruling on everyone but himself and resorts to spreading rumors. Your source should head over to xoxohth.com
Or perhaps your blog should adopt some standards before printing what the "source" admits are "rumors."
Lat targets another strong african american woman.
4:33 PM: Have you even bothered to read the Fifth Circuit opinion? If not, do so. Pay special attention to footnotes 1, 4-6, and 16.
This is different from the unverifiable clerk gossip that Kozinski was talking about. The claims about Judge Gilmore are backed up by trial transcripts and appellate court opinions.
That was not the last time Gilmore got mandamus'd in the Williams case. There were two pre-trial mandamus petitions, and then post-trial the judgment was reversed and the case was reassigned to another judge. A granted suppression motion was also reversed in a companion case (different defendant, same criminal scheme).
She's a real piece of work.
Great Judge Gilmore quote (from the 5th Cir. footnotes):
"No. Stop. I don’t care about that stupid motion for reconsideration. I didn’t think you should have filed it anyway."
"I thought that you were being, you know, obtuse when you filed that..."
The best FN is the "Bluebook Nazi" one, where she rips the government a new one for bad capitalization. A true diva!
I can see the head waggles in my mind's eye! Sounds like the type of responses you'd expect from a McDonalds employee, not a Federal judge.
Lat belonged to the Federalist society?
eeehhhwwww.
Is Lat the one that was e-mailing all the bizarre anti-gay stuff last night?
BTW - this chick sounds bonkers.
Judge Gilmore further used this opportunity to excoriate the
Government for its lack of decorum, and also for its incorrect capitalization as
mandated by The Bluebook. See, e.g., Dec. 29, 2004, Order at 5 n.1 (“In addition
to capitalizing ‘Court’ when naming any court in full or when referring to the
U.S. Supreme Court, practitioners should also capitalize ‘Court’ in a court
document when referring to the court that will be receiving that document.” The
Bluebook: A Uniform System of Citation P. 6(a) at 17 (Columbia Law Review Ass’n
et al. eds., 17th ed. 2000)”); id. at 11 (“Based on this conduct, the Court feels
compelled to admonish the Government lawyers that continued verbal argument after
a court rules is not in keeping with the decorum expected and required in a court
of law. Moreover, repeated written argument after a ruling has been made and a
proper motion for reconsideration has been denied is truly a waste of judicial
resources.”).
Maybe I should consider a clerkship. I doubt that Judge Gilmore will have many applicants after this becomes known.
Loyola 2L,
If you were studying right now - instead of blogging - you might get that dream job.
Sounds a lot like Judge Robinson of D. Kan.
FYI I have been studying all day. And I studied on the weekend, nevermind that it was a holiday. I am getting tired of people suggesting LLS students aren't up to doing the work it takes to succedd.
Loyola 2L,
I was your peer last year as a 1L at Loyola. I studied my ass off and got a job at a Vault top 5 firm. There is nothing stopping you from getting that job you have been whining about.
L2L wasn't top 10%. The "system" (a.k.a. "the man") of "random grading" "scammed" him out of the summer job he "deserved."
8:43, Considering how only one or two people get V5 jobs out of Loyola each year, I guess *you* are stopping him from getting the job he wants.
Hampton Univ and Univ of Houston JD ... that is about as Tier 4 as you can get, and she is a fucking federal judge ...
She also represents a very small minority of Houston graduates.
Even late night "get rich quick" infomercials always have a success story. That doesn't mean they're worthwhile schemes. 90% of tier 2/3/4 grads would have been better off doing something else with those three years.
Loyola 2L
Many lawyers in Houston can tell you stories of Judge Gilmore's antics. I attended a CLE on class actions last Fall at a posh Houston restaurant. Judge Gilmore was one of four judges who spoke. After the discussion, I headed down to the front door to get my car from the valet. There were several people in front of me, including a state court judge who had been on the panel, and even more people behind me. Then we heard a commotion from the back. "Excuse me, y'all don't mind if I cut. Excuse me, y'all don't mind if I cut." As the crowd behind me separated, Judge Gilmore appeared, repeating that same line with the a big smile on her face. She cut right to the front of the line, even ahead of the state court judge in front of me who had waited patiently like everyone else for her turn. Sadly, few of my colleagues were surprised to hear that Judge Gilmore did such a thing; the bar has acclimated to her antics. So sad . . .
This woman does sound like an asshole, but she'd be characterized very differently were she some crusty old white dude. I think her behavior is shitty, don't get me wrong, but I do think attaching the "diva" label to black federal female judge is a bit suspect.
Samantha,
I agree. The woman sounds like a dick. But what is Lat's point in posting her - what is he really saying? That some Blacks get ahead that shouldn't because they are Black? That she is unqualified.
That she is a monster because she is black?
What is Lat saying?
Did Lat really write the following sentence: "Or with a member of the judiciary (finally) standing up to the executive branch, which has arrogated so much power to itself in recent years?"
I hope Lat's brown-shirted friends at the Federalist Society don't read that.
I am embarrassed for anyone who would join the federalist society.
Those people need to get a life.
Since when is ma'am a sign of disrespect. Would she have thrown her keys if the attorney addressed her as girlfriend instead of ma'am.
"Since when is ma'am a sign of disrespect." Umm, when you're a JUDGE?!?
A judge should be addressed as "Judge" or "Your Honor," not ma'am or sir. Especially not ma'am. Yick.
If a Juge throws her keys at you and hits you - can't you sue her?
Clinton should never have appointed someone with those low credentials to the Federal bench.
After she threw her keys at me I'd pretty much address her any way I deemed appropriate.
10:22 - I assume from the tone of your comment that you are a woman that is very aware of men's disparaging comments. I assure you, ma'am is not one of those comments. It is a very polite form of respect, and yes, is appropriate even when addressing a judge. Counsel do so quite often. I have heard senior DOJ counsel, attorneys from the solicitors office, as well as partners address judges (on all levels) as sir or ma'am. Relax, and enjoy life. Even if it were a disrespectful comment, it is never appropriate for a judge to abandon a position of respect with such behavior.
10:36, I think it's a technical battery. You could probably file a police report against the judge. But if you ever plan to appear before her again, somehow I don't think that's advisable. Next time, she might through something heavier.
Being from the south, "ma'am" comes as second nature, as does "sir". I have to make a huge conscious effort to refrain from using them all the time in court, and I can't tell you how often I still forget. She should get over herself.
10:54, you're right, point taken. I personally don't love being called "ma'am" (probably in part because it makes me feel old to be "ma'am" rather than "miss"), but it's certainly not disparaging, even when directed at a judge.
I can understand a female judge preferring "judge" or "your honor" to "ma'am" -- a term which, while respectful, puts gender ahead of title -- but of course, there's no excuse for throwing keys in court, and such behavior is utterly undeserving of respect.
Sincerely, 10:22
When women throw their keys at me, I always assume it's an invitation to meet later in private.
I guess that's not the situation in this case.
"Samantha,
I agree. The woman sounds like a dick. But what is Lat's point in posting her - what is he really saying? That some Blacks get ahead that shouldn't because they are Black? That she is unqualified.
That she is a monster because she is black? What is Lat saying?"
I'm not accusing him of any of these things. I do, however, think that somebody who is in the writing business should think seriously about the language he uses solely with respect to women ("diva", "divalicious") or with respect to black women ("To Judge Gilmore: Your Honor, go on with your bad self!").
"Samantha,
I agree. The woman sounds like a dick. But what is Lat's point in posting her - what is he really saying? That some Blacks get ahead that shouldn't because they are Black? That she is unqualified.
That she is a monster because she is black? What is Lat saying?"
I'm not accusing him of any of these things. I do, however, think that somebody who is in the writing business should think seriously about the language he uses solely with respect to women ("diva", "divalicious") or with respect to black women ("To Judge Gilmore: Your Honor, go on with your bad self!").
Her actions (or lack thereof) in the first Enron Broadband trial should be convincing enough to show that she should not be on the bench. Declaring a mistrial after less than 24 hours of deliberation by the jury because it looked like things were going against the prosecution is very suspect. The jury did return verdicts on some of the charges against the 5 defendants, all not guilty, but rather than send them back for further deliberation, she throws her hands in the air and says, "Oh, well!." Gilmore is known to be a prosecutors judge and is presiding over a case where the defendants must be guilty because they were employed as executives by Enron. However, at every turn so far the prosecution has been blown out of the water by the defense. The case is above her head, way above her head and her conduct through the entire proceeding is suspect. She has no respect for the justice system as evidenced by her courtroom antics.
Is she really "a prosecutors judge"? In Williams, the alien smuggling case, it sounds like she was very pro-defense.
Actually, the University of Houston Law Center is not a Tier 4 school, but consistently in the top 100, according to US News & World Reports.
judge Gilmore dismissed my moms case in the vicoria texas incedent i was happy to see that justice was served the government is full of lies and corruption.