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Judges of the Day: Brent Keis and Hal Miner

DontMessWithTexas.jpgTwo Texans are competing for the honor of ATL Judge of the Day. We'll let you vote for the winner.

Mary Alice Robbins reports in the Texas Laywer on warnings issued by the Texas State Commission on Judicial Conduct to a Fort Worth county judge, Brent Keis, and an Amarillo district judge, Hal Miner.

Judge Brent Keis got in trouble for alleged racial insensitivity:

In April 2007, Keis attempted to engage Nuru Witherspoon, a partner in Dallas's Kelley Witherspoon, in a conversation about the transportation of enslaved Africans to the Americas in what is referred to as the "Middle Passage." Keis broached the conversation about slavery after learning that Witherspoon's first name is African in origin, but Witherspoon declined to discuss that topic with the judge.

There's also something about Judge Keis telling Witherspoon -- while she was considering a settlement offer made to her client, the plaintiff in a personal-injury case -- that he was a Republican, and that "Tarrant County juries are predominantly made up of Republicans." Sounds like Keis does not have the best judgment when it comes to appropriate courtroom conversation.

Our other Texan, Judge Hal Miner, has a problem with alleged "gender sensitivity and sexual harassment:"

While attending a December 2006 holiday party hosted by a local firm, Miner approached a female attorney and "slapped" her buttocks. Miner approached the same female attorney a second time and "his hand made contact with her buttocks again." A witness said Miner joked about the attorney's height, "commenting to the effect that he intended to slap her on the back, but her 'ass' was at hand level."

Nothing good ever comes of office holiday parties. Ask Bingham.


Conduct Commission Warns Judges Over Slavery Talk and Buttocks Slap [Law.com]

Comments
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1 Posted by guest | Permalink Friday, May 23, 2008 3:49 PM

First

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2 Posted by guest | Permalink Friday, May 23, 2008 3:54 PM

Judge Miner's explanation seems perfectly reasonable. In fact, I will be using it on the first tall/hot girl I see in about an hour. Thanks Judge Miner!

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3 Posted by guest | Permalink Friday, May 23, 2008 3:54 PM

new HLR pile-on post please

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4 Posted by guest | Permalink Friday, May 23, 2008 3:57 PM

3:54 -- let us know how that turns out

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5 Posted by guest | Permalink Friday, May 23, 2008 3:58 PM

If Miner said "good game" as well, it could all be a misunderstanding.

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6 Posted by guest | Permalink Friday, May 23, 2008 3:59 PM

This question could be rephrased for most liberals as, who is more deserving of being our next president, BHO or HRC?

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7 Posted by my_penis_smells_like_peanut_butter | Permalink Friday, May 23, 2008 3:59 PM

I honestly don't see what's wrong with the conduct of either judge.

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8 Posted by guest | Permalink Friday, May 23, 2008 4:00 PM

go off yourself, 3:59. The world will be a better place.

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9 Posted by guest | Permalink Friday, May 23, 2008 4:07 PM

Shenanigans! I knew it! The woman whose buttocks were touched did not file the complaint. In the great state of Texas an old judge can still get away with minor acts of piracy.

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10 Posted by guest | Permalink Friday, May 23, 2008 4:21 PM

Why does everyone have to ridicule Texas? We are not a bunch of backward, redneck yahoos practicing polygemy and all. Y'all should come down here and see for yourself what a great place this is.

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11 Posted by guest | Permalink Friday, May 23, 2008 4:32 PM

Judge Miner has a problem with "gender sensitivity"? What did he do that was gender insensitive? He slapped some chick's ass, he didn't grope a tranny.

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12 Posted by guest | Permalink Friday, May 23, 2008 4:33 PM

Oh, no! A white republican judge talked about American slavery history and politics! I would have no problem with it if a black democrat judge talked about American slavery history and politics, but not a white republican judge! That's just horrible. I am appalled!

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13 Posted by guest | Permalink Friday, May 23, 2008 4:52 PM

oh, c'mon 4:33, how would you feel if you were Jewish and he wanted to talk about pogroms, or you were Irish and he wanted to know if you had lost relatives in the potato famine? Would you think, wtf? Also, about saying he was a republican, in a lot of states, you aren't supposed to discuss politics on the bench.

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14 Posted by guest | Permalink Friday, May 23, 2008 5:20 PM

I'm going to need some more information on what Judge Keis actually did. "Attempted to engage in a conversation" about slavery tells me nothing. We need some quotes here. And I don't even know what saying that he's a Republican has to do with anything. It seems kind of irrelevant but there isn't enough context in the source article to really tell what's going on.

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15 Posted by guest | Permalink Friday, May 23, 2008 5:57 PM

4:52,
Actually, I am of Irish descent, and I don't see anything inappropriate about discussing the potato famine. Of course, the famine was so long ago that I have no idea if I "lost relatives" in it. I imagine that most African Americans other than Alex Haley have no idea if they lost any relatives to slavery either. Slavery happened a long time ago, too, although you'd never know it by listening to people talk about slavery as if it was happening during the Reagan adminstration.
-4:33

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16 Posted by guest | Permalink Friday, May 23, 2008 6:14 PM

I wish some idiot old judge would ask me about the middle passage. I would middle passage his a$$.

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17 Posted by guest | Permalink Friday, May 23, 2008 6:39 PM

taco suerte

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18 Posted by guest | Permalink Friday, May 23, 2008 7:17 PM

I voted for the ass-slap, in keeping with ALT tradition:

See here http://www.abovethelaw.com/2007/07/summer_associate_of_the_day.php

and here:
http://abovethelaw.com/2007/07/a_summer_associate_etiquette_m.php


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19 Posted by guest | Permalink Saturday, May 24, 2008 9:40 AM

I just read 5:57 and whoever you are, you are an idiot. The middle passage problem is not about how people died; it is about how people were treated. Any trip that cost 1/3rd of the lives on board, and was repeated, shows sincere disrespect for human life. And is, to me, evil. I am sure when/if your ancestors fled the potato famine to the great US of A, they didn't come in leg shackles, with not even enough room to turnover or piss without wetting your neighbor, and the women weren't raped for the pleasure of the crew on the ride over.

Get over yourself. Slavery in the United States was a terrible revelation of the depths people will go to abuse someone and yet keep them alive, and it should never be forgotten, because people are capable, believe it or not, of doing the same thing again.

Maybe if we paid a little more attention to the instances of human atrocity like the middle passage, we would be more sensitive to other situations of impending genocide or ethnic cleansing, which happen all over the world or here in the USA, and when they do, people always pretend to be surprised that something that evil and pointless could happen. In the face of all the other horrendous human atrocities, like the middle passage, that history provides us.

Slavery is not a point of guilt (so I really really wish that people would get over this issue); it is a historical fact that also reveals the way in which ordinary people are capable of hurting one another. No, most Black people do not know if they lost someone on the middle passage. But many many black people know that they would not be in the United States without it. So you can't pretend it didn't happen or forget it. Especially given the state of things with being Black in the United States. Whomever you feel is at fault, things are not good in the Black community in the United States. The Middle Passage, and it's relationship to the slavery experience as a whole, is part of a legacy of poor human relations between people whose ancestors were enslaved here in the United States and the country itself, that allowed this to happen, and embraced it as a way of land development at low costs.

And if anyone finds issue with this, and starts checking my grammar, or other such actions that people do to attack arguments that are completely unrelated to content, get a life. If you really have time to spell check my comments, you aren't going to meet your billable hour requirement, associate, and you aren't going to get an offer, summer, and you should already be studying, you pre-law school student person.

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20 Posted by guest | Permalink Saturday, May 24, 2008 6:10 PM

I don't see what the issue is with telling the attorney that a county is predominantly Republican. He is doing her a favor by tipping her off that the county jury pool is likely to be composed of people who do not like big jury verdicts as they want to keep their insurance costs down.

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21 Posted by guest | Permalink Sunday, May 25, 2008 1:27 PM

9:40, I'm pretty sure I lost some ancestral relatives to Genghis Khan's armies. Since that was horrible and can never be forgotten, I motion that we repeat the historical fact everyday, blame the Mongols for all of Russia's problems, ask for affirmative action, demand reparations, disallow anyone non-Russian from talking to me about the Mongol invasions, and self-righteously criticize anyone who dares to say that what happened centuries ago should be studied but not constantly harped upon as a bludgeon of guilt.

And in case you don't know, thousands of whites were brought over as slaves too, and their children were slaves, so don't co-opt the Middle Passage as if it only relates to the "state of being black in the United States".

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22 Posted by guest | Permalink Sunday, May 25, 2008 8:03 PM

The woman whose buttocks were slapped -- what race was she? Not a white woman with the flat droopy behind, obviously.

Just kidding. I think the buttocks slapping quote is the clear foot-in-mouth winner! Caveat: This excuse would never work for really short-armed slappers or anyone slapping the buttocks of super tall women. Just a tip.

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23 Posted by guest | Permalink Monday, May 26, 2008 9:42 AM

1:27 - the verb form of motion is move. You meant to say that "you move that we repeat historical fact everyday, . . . " There are major substantive problems with your "argument," of course, but I thought I'd start you out on something easy. You must be a January starter. Most schools cover this in the Fall semester of first year (though maybe not Cooley).

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24 Posted by guest | Permalink Tuesday, May 27, 2008 10:04 AM


Motion can be a verb, too.

I think I see 1:27 standing over there across the room, motioning for us to be quiet.

Of course, the notion of "motioning" a court to do something is pretty funny. Personally, I like to picture a lawyer giving the judge a Bronx cheer when someone talks about "motioning" the court.


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25 Posted by guest | Permalink Tuesday, May 27, 2008 2:23 PM

nuru = male

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