In re the Cross Dressing Bankruptcy Judge
As we previously mentioned, Bankruptcy Judge Robert Somma announced his plan to resign from the bench, after he was arrested for DUI (while wearing women’s clothing). We questioned Judge Somma’s decision to step down:
Is this really that big a deal? When you strip away the women’s clothing, colorful but irrelevant details, you’re left with a DWI arrest — which, while not exactly commendable conduct, is something other judges have survived.
And we’re not alone. This message is making the rounds of the bankruptcy bar:
As I am sure most will agree, the news of Judge Somma’s resignation was disheartening. We are hopeful that Judge Somma will reconsider his decision with the support and encouragement of a significant portion of the bankruptcy bar.Attached is a letter which several of us intend to submit to Chief Judge Boudin of the First Circuit Court of Appeals, with a copy to Judge Somma. If you would like to join us, please advise us at your very earliest convenience, and we will add your name as a “signatory”.
We intend to submit the letter to Chief Judge Boudin by the close of business tomorrow, Thursday, February 28, 2008. In the event that you cannot respond by then, but nonetheless are supportive, please so advise either of us by return email at your earliest convenience, and we will endeavor to supplement the list of supporters as may be appropriate. Otherwise, as no amount of support can be too great, if you wish to send your own personal letter of support, we also encourage you to do so as well.
Please feel free to circulate this email to those who may not be included in our list of email addresses and thank you for your assistance.
You’re welcome!
Alas, it appears the submission deadline has passed (close of business yesterday). But if you’d like to submit your own letter of support, you can use the previously sent letter as a model. Check it out, after the jump.
LETTER TO GARY WENTE RE: RESIGNATION OF JUDGE ROBERT SOMMA
February , 2008
Gary H. Wente
Circuit Executive
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 3700
Boston, MA 02210
Re: Resignation of Judge Somma
Dear Mr. Wente:
As members of the bankruptcy bar, we are profoundly dismayed by the announcement of the resignation of Judge Robert Somma. The absence of such a valuable and respected presence on the bench would constitute a substantial loss to the legal community and to the bankruptcy practice in general.
Throughout an exceptional career as a practitioner, Judge Somma demonstrated extraordinary breadth of knowledge of the law, complemented by an unparalleled intellect guiding its application. The foregoing qualities are exceeded only by the courtesy and consideration extended by Judge Somma to all who have appeared in his courtroom. His depth of knowledge and exceptional judicial demeanor are invaluable assets to the bench and bar, and, most importantly, to those seeking relief under the Bankruptcy Code.
As bankruptcy practitioners, we strive to render the highest quality of legal services to the public. Our ability to render such services to the public is enormously enhanced by Judge Somma’s presence on the bench. Judge Somma’s docket is well-administered, his sessions well-managed, and his rulings and decisions well-reasoned. Simply stated, Judge Somma epitomizes the attributes sought and desired in a judge. Recent events do not in any manner diminish Judge Somma’s ability to fulfill his duties and to remain as a highly respected member of the bench with the overwhelming support of the community of bankruptcy practitioners. The Court exercised exceptional judgment in appointing Judge Somma to the Bankruptcy Court, and we hope that the Court will continue in that good judgment by declining the acceptance of Judge Somma’s resignation should Judge Somma be willing to reconsider his decision. Continuing to serve both the public and the legal community in a role uniquely befitting his talents on the bench is not only warranted, but wholly and unquestionably supported by those who care about the quality of our profession.
We sincerely hope that the Court will decline to accept Judge Somma’s resignation and that Judge Somma can quickly return to the bench where his services are needed and appreciated. We are confident that an overwhelming majority of our colleagues will join us in this request, and we are inviting them to do so. In the interests of time, however, we thought it essential that we communicate our views expeditiously. We anticipate supplementing this correspondence in the near future to demonstrate the depth of support for Judge Somma throughout the bankruptcy community.
By copy of this letter, we also request that Judge Somma reconsider his resignation for all of the above-stated reasons.
Very truly yours,
cc: The Honorable Robert Somma
Earlier: A Cross-Dressing Judge Hangs Up His Heels
Male Judge + DWI + Little Black Dress + Fishnets = Judge of the Day
(26) 
Comments
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Why are we not discussing how the Subprime woes have even hit Michael Jackson, in re: the foreclosure of NeverNeverNeverLand
The kid in me likes the frosted sugar, but the grownup in me likes the kid in me
Aww, what a sweet letter.
Lat,
When do we get to vote on the Caption Contest for that Greenberg Traurig pic during the blackout? I thought some of the comments in that post were hilarious! My personal favorite: "Greenberg Traurig Partner, Alan Lash, angrily looks on as Justin Fienberg (associate) and Alex Mendez (paralegal) pretend to be busy and continue to bill time. No one had informed Fienberg or Mendez that blackberry and cellular service was also unavailable during the blackout."
http://www.abovethelaw.com/2008/02/atl_caption_contest_the_south.php#more
Is there a conflict or pandering issue with firms piling up to kiss a judges butt?
I think the cross-dressing is a non-issue (and I am a right-wing nut job). It could have been a dare, bet, joke, costume party... seriously, who cares?!
The DUI is very bad -- I mean thousands are killed by DUI. We have TV commercials, school programs, magazine ads. EVERYONE knows better. VERY BAD. He should be hammered for DUI -- jail, fine, rehab, etc.
HOWEVER, if he is a value to bar and court, then DUI does not really affect this, and he should not have to resign.
Someone should forward this butt-kissing letter to MADD* or SADD... they don't even bother to admonish, much less mention, DUI in letter. My law firm piled on to endorse judge, but I have to wonder how this would appear to general public....
*Mothers Against Drunk Driving
10:37 - Now appearing on the Miami picture post:
"Update (2/29/08, 10 AM): New entries for the caption contest are no longer being accepted. We are reviewing the current submissions and will post a poll shortly. Thanks."
C'mon. If we are truly going to be an accepting society, the only question to be addressed is whether the DUI was bad enough to merit accepting his resignation.
Nothing Ive read suggests that this was anything other than a first offense, and while I agree that its a bad thing, its not the sort of thing that ought to put a widely respected bankruptcy judge out on the street.
His stage name was Sharon Eliza Nichols, a 1L at 'Bama.
Sure, DWI is no problem - as long as you are some legally favored segment of the population. One wonders whether the law community would scramble to protect a less "PC" figure who got them selves into similar trouble. btw, MADD's zero policy stance against drinking of any sort now far outsrips their original purpose. should be just MAD now..
The man wears a black dress to work everyday...
I remember when the patriots lost the super bowl I dressed up as a woman for a whole week at work -- people assumed I lost a bet, but I had merely lost my mind.
This is BS, he should be fired for the drunk driving, end of story. Don't care what he wears but if he breaks the law he can be a lawyer instead of a judge. Zero sympathy.
forget the DUI for a second - which BTW would be enough to get most of us fired were it discovered by our employers - how can he possibly be taken seriously as a jurist after this? I mean imagining your audience without clothes on is one thing, but the visions that everyone that goes in front of him from now on will have...
10:57 would most of us really be fired for a one-time dui?
As a lifelong Bostonian, I'll confirm that this is typical. A drunk crossdressing judge gets arrested...fuk, that's no biggie -- strip away the g-string, and the liquor breath and what do we have? Surely a fine citizen that respects his position
"Simply stated, Judge Somma epitomizes the attributes sought and desired in a judge."
That is, except for the alcoholic/cross-dressing part. But other than that...
&Nice to the the haters are in full force this morning. I stand by my original thoughts that Judge Somma's conduct is that not typically found in a person happy with his life.
Even though I dislike his pro-debtor bias, I think he did a fine job on the bench. I'd have signed the letter in a heartbeat only wish I'd seen the e-mail prior to today.
And no, it's NOT for ass-kissing reasons - the fools who say that merely demonstrate their ignorance of the real world. It turns out that people make mistakes and errors in judgment sometimes. But, God forbid, sometimes people even learn from them.
-- ET!
(who really honestly hopes Judge Somma changes his mind, in fact)
The issue is not the drunk driving--we both know that's not why he resigned. While drinking and driving merits punishment, it doesn't merit losing one's job. (The idea that "most of us" would lose our jobs for a single DUI is ludicrous.) And one's private quasi-sexual behavior doesn't even merit that.
Didn't Bushie have a DUI somewhere back in history? I mean, heck, if you can get the supremo job with that on your record, what a judgeship?
10:57,
i know tons of Biglaw attorneys in LA who have had DUI's. none were fired. now, more than one DUI is a different story...
Why on earth would one DUI be any different than TWO? Think about that... like we all need a freebie, to know how awful it is? If you get a DUI you are hands-down idiotic, selfish, irresponsible and lack judgment. Seems like a marginal difference between 1 dui and 2 duis.
Alcohol Hit - The recidivism rate for DUI offenders increases hugely for each subsequent DUI. Hence, the punishment also greatly increases with each subsequent DUI. Thus there does not seem to be only a marginal difference between one DUI and two.
I think it would be hard for another judge wearing a black "gown" to cast dispersions on this judge for simply accessorizing. And this is Boston--the DUI is a serious offense, but not that uncommon in a city with such a fine tradition of drinkers. Tip O'Neil, Ray Flynn, etc.
There is no place for homosexuals on the bench. It's a good thing the courts are drumming out this sort of immoral behavior.
CROSS DRESSERS TO 200!
His right to quietly resign likely had to do with the obvious emBareAssment (no pun intended) and a matter of personal choice.
A DUI by a sitting judge is huge, especially considering the broad latitude they have over that offense.
I had a 1st time DUI several years ago, during which time I was between (however with offer letter and start date firmly in hand) positions. Since I was technically unemployed, I had to spend 15 days behind bars before I was released ... had to do all the usuall stuph (fines, classes, etc.) in a state I no longer lived or worked in. All totalled, it cost me about $10,000 in travel alone.
I would find it very difficult to be understand facing a judge on a 1st Time DUI -- getting 15-days handed to me by a judge who walked away from a similar offense with far less.
Unfortunately in this case, Judges are respected pillars of the community and expected to behave in such manner. I respect his good sense to step down before being asked to. It's the equivalent of throwing oneself on a sword.