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Judges of the Day: Aaron Bowden and Donald Moran

gavel judge Above the Law blog.jpgToday we bring you not one, but two Judges of the Day. We can't decide who is more deserving of the honor. From the Florida Times-Union:

Twelve days before Christmas, Circuit Judge Aaron Bowden fired his 17-year judicial assistant, who had been on leave since August with cancer. The Jacksonville judge said he feared her prolonged illness would leave him without an assistant at a time when the state had implemented a hiring freeze.

But his decision left Christine Birch, 54, with no medical, life or disability insurance and has created a firestorm at the courthouse.

Chief Circuit Judge Donald Moran responded by calling Bowden "a no-good son of a bitch," prompting Bowden to respond with a blistering e-mail (PDF) defending his decision and calling Moran's criticism irresponsible, unprofessional and unseemly.

Other judges' assistants were also appalled by Birch's firing. They raised money to pay her rent this month....

Birch declined comment Thursday. But she thanked Moran in a handwritten note last week for putting her back on the courthouse payroll in a rotating judicial assistant's position. Birch was paid about $3,275 a month in her old job, and the state paid her health insurance premium. Her new rotating position pays $750 less a month and requires her to pay her own premiums.

Our tipster writes:

Best quote from the article: "He said if she died while on the payroll, he would have been without an assistant for two months, 'not an ideal situation for a judge.'" I guess dying wouldn't have been an ideal situation for her, either.

To get both sides of the story, check out the email from Judge Bowden in which he defends his actions (and rips Chief Judge Moran a new one). You can access his message -- in which he benchslaps Chief Judge Moran for his "effrontery" and his "irresponsible" comments, made "precipitously [and] without authority" -- by clicking here (PDF).

P.S. Speaking of cancer, here's a PSA from ATL, and bad news for Biglaw associates and paralegals: according to cancer researchers, overnight work and sleep deprivation may raise your cancer risk.

Judge fires his assistant, draws criticism [Florida Times-Union]
Email from Judge Aaron Bowden (PDF) [Florida Times-Union]

Comments
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1 Posted by R. Link | Permalink Friday, January 4, 2008 11:35 AM

Wow. If the judicial thing doesn't work out for Bowden maybe he can lateral to White & Case or Cadwalader. He's leadership material.

I know it when I see it.

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2 Posted by Harsh | Permalink Friday, January 4, 2008 11:43 AM

She maintained an "optimistic but unrealistic" attitude about her illness? Ouch!

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3 Posted by guest | Permalink Friday, January 4, 2008 11:45 AM

I love those stress fueled e-mails!

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4 Posted by guest | Permalink Friday, January 4, 2008 11:45 AM

Which practice area has a lower cancer risk? Sophisticated, cross-border transactional work or complex, bet-the-company litigation?

(T5-->V10)

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5 Posted by guest | Permalink Friday, January 4, 2008 11:46 AM

That emails reeks of pretentious TTT douchery.

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6 Posted by guest | Permalink Friday, January 4, 2008 11:47 AM

He should have paid her when she was sick and doing nothing becuase that is what we all would do in our personal financial decisions.

How come when it comes to other people's money we are so generous in requiring them to keep paying sick, absent workers. But, if you had a maid that you paid on a weekly basis and she didn't clean cause she was sick (or dying) would you pay her?!

Besides she is dying, what does she need money for. If she had a husband she would likely be covered by his insurance policy.

It is this LEFT-WING slant that LAT gives to all his postings that made this site jump the shark.

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7 Posted by guest | Permalink Friday, January 4, 2008 11:48 AM

We support Lat's drivel by viewing these pages, but it is the comments that I crave hourly!

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8 Posted by guest | Permalink Friday, January 4, 2008 11:49 AM

11:47, if the judge were personally paying this woman's paycheck, your maid analogy would work much better. As it stands, you're the one who jumped the shark.

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9 Posted by guest | Permalink Friday, January 4, 2008 11:51 AM

11:48, if you enjoy the ATL comments, you should also check out AutoAdmit.com.

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10 Posted by guest | Permalink Friday, January 4, 2008 11:52 AM

This whole "you're not the boss of me" spat reminds me of the Clark County (Las Vegas) (Chief) Judge Kathy Hardcastle vs. (500 lb) Judge Elizabeth Halverson debacle of 2007.

BTW, for all the fans of the 500 lb motor driven jurist will be pleased to know that Halverson—dispite her continuing interim suspension pending disciplinary proceedings not yet filed—is eligible to run for another judicial term. (The filing deadline is Jan. 18.)

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11 Posted by guest | Permalink Friday, January 4, 2008 11:55 AM

PS: everyone knows that if David has a "slant" it is to the right and not the left of the political spectrum.

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12 Posted by guest | Permalink Friday, January 4, 2008 11:58 AM

Great post Lat--welcome back!

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13 Posted by guest | Permalink Friday, January 4, 2008 11:59 AM

11:49: The point is the judge should treat the government's money with as much care as he would his own. That is why the maid analogy works.

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14 Posted by Anonymous | Permalink Friday, January 4, 2008 12:02 PM

I'm with 11:47 - sort of.

Why didn't she take the diability leave offered to her?

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15 Posted by anon | Permalink Friday, January 4, 2008 12:04 PM

The Times Union story says that one of the rotating judicial assistants had been assigned to Judge Bowden full time, at his request. So his concern about being without an assistant for several months seems bogus. Most probably would agree that having a judicial assistant with cancer is inconvenient, but would see it as more of a problem for the assistant than the judge. I agree with 11:35 - this guy is leadership material. Is he a fundie? DOJ has openings.

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16 Posted by guest | Permalink Friday, January 4, 2008 12:14 PM

60 days? what the hell was the judge doing for the preceding 110+ days that he couldn't do for another 2 months?

what a douche. i hope he dies of AIDS.

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17 Posted by Jacksonville Attorney | Permalink Friday, January 4, 2008 12:14 PM

Well Bowden has the reputation of being a pretty self-absorbed A-hole. He once threatened to hold and EMT in contempt if he wasn't more quiet in treating a woman who passed out in the courtroom. But Moran recently (4-5 months ago maybe) got in trouble for smacking his wife around. Of course she recanted and nothing was ever done about it. Just another beautiful day in the Jacksonville legal market.

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18 Posted by guest | Permalink Friday, January 4, 2008 12:17 PM

12:02

the disability leave was permanent. it was a retirement package.

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19 Posted by guest | Permalink Friday, January 4, 2008 12:25 PM

This wouldn't happen if we had universal health care.

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20 Posted by guest | Permalink Friday, January 4, 2008 12:51 PM

This judge is an asshole. You don't fire your assistant of 17 years and leave her without health insurance when she's dying of cancer because you might have to go an extra two months with a floater. That's pretty much the worst thing I've ever heard of.

What kind of asshole decides to fire his terminally ill assistant of 17 YEARS because she's not returning calls fast enough? God forbid he should actually go down to the hospital to tell her personally that he'd have to fire her if she didn't take the retirement package.

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21 Posted by guest | Permalink Friday, January 4, 2008 12:59 PM

This wasn't handled well at all.

Bowden should probably not have fired her, but he was also probably cheesed off that she wouldn't accept disability.

Moran certainly shouldn't have publicized the spat; shows poor judgment, even if he thought Bowden was out of order. Sure, reinstate her pay, which is your perogative as the CJ. But don't trash Bowden in public. Just making her a floating assistant alone would implicitly show Moran's distaste for Bowden's decision.

Are either one of these judges still accepting clerkship applications?

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22 Posted by anon | Permalink Friday, January 4, 2008 1:03 PM

Right on 12:51. It's hard to maintain any respect for the legal profession when a man like Bowden feels he's the victim after he fires his terminally ill employee after 17 years of service knowing that it will mean she will be without insurance. This boils down to Bowden knowing he was screwing her over because he didn't want to be inconvenienced. As between allowing his 17 year employee to live out her last few months in as much relative comfort as insurance could provide and his convenience he chose his convenience. Now he feels like the victim. Wow. I know people have little respect for lawyers, but we look like peace corps volunteers next to some of these judges.

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23 Posted by Justin Timberlake | Permalink Friday, January 4, 2008 1:04 PM

There is but one way to settle an incident such as the above - a best-of-seven, Street Fighter 2: Championship Edition series with Judge Bowden using Dhalsim and his assistant playing as Zangief. None of that pussy, Ryu v. Ken stuff, oh no no. Straight up yoga flame against spining piledrivers.

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24 Posted by guest | Permalink Friday, January 4, 2008 1:06 PM

I don't get it. She's dying. She should've taken the disablitiy and taken out tons of loans. It's not like she'll have to pay it back when she's dead.

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25 Posted by guest | Permalink Friday, January 4, 2008 1:08 PM

"But, if you had a maid that you paid on a weekly basis and she didn't clean cause she was sick (or dying) would you pay her?!"

If she was my maid for 17 years and I knew that firing her would make her lose her health insurance, then yes, I would continue to pay her. Especially, if someone else was doing all of her cleaning at no additional expense.

Of course, the judge didn't fired her because he was worried about the strain on the payroll. He fired her because he was worried he'd have to go an additional two months with a temporary assistant.

And who cares if this judge doesn't have any assistant for two months. Is he going to lose clients or get fired if he lets calls go to voice mail? Is he going to be censored if his docket slows down for a couple weeks after his assistant of 17 years dies? No. At worst he'd be inconvenienced for a couple months. What a prick.

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26 Posted by guest | Permalink Friday, January 4, 2008 1:13 PM

Right @ 1:06. I ever get diagnosed with terminal cancer, there won't be any desperate chemo treatments. I'll be at a tropical resort maxing out every last one of my credit cards.

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27 Posted by guest | Permalink Friday, January 4, 2008 1:13 PM

I hope this SOB judge dies a long, slow, lonely death when his turn comes around.

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28 Posted by zomg pirates | Permalink Friday, January 4, 2008 1:14 PM

bowden = ninja
moran = pirate

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29 Posted by guest | Permalink Friday, January 4, 2008 1:18 PM

Sure you will 1:13. I'm sure you'll be feeling up to jet-skiing, paragliding and sipping daiquiris on the beach when you're dying of cancer. Not to mention that your spouse may be held accountable for whatever debt you rack up.

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30 Posted by guest | Permalink Friday, January 4, 2008 1:19 PM

We don't even know that her cancer is terminal. This judge decided it was, but it's not like he's talking to her doctors.

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31 Posted by Tracey | Permalink Friday, January 4, 2008 1:38 PM

I'd just like to take this moment to recall Judge Marion Pope, then on the Georgia Court of Appeals, who stood by his long-time senior clerk when the clerk was diagnosed with AIDS in the mid-1980s. Back then, AIDS was the gay disease, and was a horrible social stigma. When others in the courthouse refused to allow that clerk to use the common bathroom, Judge Pope allowed him to use the private bathroom in the judge's chambers. When the clerk became too ill to work, Judge Pope kept him on the payroll, working short-staffed, until the clerk's 20-or-so years of accumulated sick leave ran out. Stories like the one in Lat's post remind me how very rare and special that kind of loyalty to staff is.

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32 Posted by Pure Pwnage | Permalink Friday, January 4, 2008 1:43 PM

1:04, I KNOW some guy named "Justin Timberlake" did NOT call the Masters of the Shou-ryu-ken "pussy."

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33 Posted by guest | Permalink Friday, January 4, 2008 1:51 PM

Bowden's email reeks of someone who is upset because he wanted his actions swept under the rug rather than brought to everyone's attention.

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34 Posted by guest | Permalink Friday, January 4, 2008 1:53 PM

>This wouldn't happen if we had universal health care.

No, then she'd be on a waiting list until 2011 to have her first doctor's appointment.

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35 Posted by guest | Permalink Friday, January 4, 2008 2:06 PM

She will have the option to extend her health insurance under COBRA. She will only lose it if she elects not to pay the premiums.

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36 Posted by bored | Permalink Friday, January 4, 2008 2:24 PM

i thought that this post was going to be about something juicy like a judge having sex with a dying man-pig assistant or something. who really cares if some non-lawyer in Florida got canned?? Come on LAT, give us the good stuff.

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37 Posted by guest | Permalink Friday, January 4, 2008 2:30 PM

11:47/1:53 = Federalist Society troll.

Oh, and 1:53 - my Canadian friends don't seem to be reporting stories about being on a 3-year wait list for an oncology appointment with an oncologist.

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38 Posted by guest | Permalink Friday, January 4, 2008 2:36 PM

"... Thank you for your conscientious and loyal service. You will always have a special place in my heart."

Assuming someone can find it.

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39 Posted by guest | Permalink Friday, January 4, 2008 3:43 PM

I take a look at how the government runs massive government projects: public housing, public schools, Hurricane Katrina and I think... I want that for my healthcare!!!

Unless you are poor and black, you don't want government ANYTHING!

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40 Posted by Anonymous | Permalink Friday, January 4, 2008 3:45 PM

2:30, Of course they don't you douchebag, they are all crossing the border to come down here for their health care. HEY, wait a minute, why don't you MOVE to Canada if it is so great?!

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41 Posted by Obama Fan | Permalink Friday, January 4, 2008 4:42 PM

President Obama will make the U.S. even better than Canada.

Go Barack go!

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42 Posted by Hillary | Permalink Friday, January 4, 2008 5:08 PM

Yes but Barry Hussein will make us all convert to Islam.

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43 Posted by 2:30 | Permalink Friday, January 4, 2008 5:24 PM

3:45 = 11:47/1:53/2:06/3:43 = Federalist Society troll.

Hey, assclown, get your facts straight. There is more medical tourism headed OUT of the US than in.

The John Stossel/Cato/Fed Soc types always parrot stories about waiting lists in Canada for MRIs, hip replacements, etc., but they conveniently neglect to mention stories about folks who end up being bankrupted when they happen to become very ill and don't have medical insurance.

Much of the hostility towards the Canadian single-payer system comes from typical American hubris - the Rush Limbaughs and other conservatives of this nation can't believe that a country might be better than the US of A at something. ZOMGZ, a health system which covers everyone?!?!?

Their hostility towards Canada is almost as amusing to behold as their hostility towards France.

And don't give me the shit about COBRA being an adequate replacement for employer-funded health care. COBRA premiums are way higher than what the employee was paying when he or she was working - and if you're not working, how the hell are you supposed to be able to afford COBRA premiums in the first place?

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44 Posted by R. Zook | Permalink Friday, January 4, 2008 11:47 PM

All I know is that Bowden will not step down until Paterno does, and that I'm I'm 1-0 on Bobby Bowden Field.

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45 Posted by J. Grobe | Permalink Sunday, January 6, 2008 1:35 AM

Dear Mr. Zook,
Not so impressive. I beat F$U 33-0 on Bobby Bowden Field. With Weak Florist. Too bad Bobby's gone senile.

Toodles,

Mr. Grobe
(FU Arkansas, Nebraska, and countless other jobs which I've turned down).

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46 Posted by Anon | Permalink Sunday, January 6, 2008 1:58 PM

To 3:43PM Jan. 4
"Unless you are poor and black, you don't want government ANYTHING!"

You could have left it at poor, but you threw race into it. You're a racist a$$clown. Lots of people have their hands out for government freebies and those people are not all black. Farm subsidies, discounted loans being auctioned off by the Federal Reserve, prescription drug benefits, social security, subsidized student loans. Many whites receive government assistance. You probably think "affirmative action" every time you see a black person in a suit who is "well spoken." Sad to know there are still racists out there to make life that much more interesting. Ridiculed any minorities today? If you get started now, I'm sure you can make some racist jokes before the sun goes down.

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47 Posted by R. Zook | Permalink Sunday, January 6, 2008 6:40 PM

Dear Mr. Grobe,

I hear you. There's nothing better than a place where you can live like a king and go 8-4 every year. Look at me now!

Stay away from the pressure jobs.

Your humble servant,

Ron

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48 Posted by SmithDD | Permalink Tuesday, January 8, 2008 8:37 PM

I can't believe that most of you haven't realized that this article doesn't tell the whole story. What it doesn't mention is this JA has had terminal cancer for 5 years, and that he has protected her job and benefits for that entire period of time. No company in corporate America would have kept her on the payroll for that long--3 months tops. And yes, this is a great case for universal health care, so that someone with terminal cancer (who can't work) needs a job to be able to afford medical treatment.

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