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A Tale of Two Judges: Chief Judge Alex Kozinski and Judge Elizabeth Halverson

Elizabeth Halverson Judge Chief Judge Alex Kozinski ATL Above the Law blog.jpgHere is a Tale of Two Judges: the Honorable Alex Kozinski, the relatively new chief judge of the U.S. Court of Appeals for the Ninth Circuit; and the Honorable Elizabeth Halverson, district judge in Clark County, Nevada.

Both are judges in the western United States. Both are colorful figures and well-known judicial mavericks. And both have been in the news lately. Chief Judge Kozinski graces the cover of California Lawyer magazine, which describes him — and rightfully so — as “brilliant, charming, and provocative.” Meanwhile, Judge Halverson has been all over the national media in the past few days, thanks to this less-than-favorable AP report (picked up by many news outlets).

In light of these similarities, we decided to conduct a head-to-head comparison of the two jurists. Check it out, below the fold.

Here is the comparison, in tabular form. Explanatory notes appear below the table.

Alex Kozinski Elizabeth Halverson 1.jpgAlex Kozinski Elizabeth Halverson 3.jpg

1. Clerkships: After graduating at the top of his law school class, the brilliant Alex Kozinski clerked for two leading jurists: then-Judge Anthony M. Kennedy, of the Ninth Circuit, followed by Chief Justice Warren Burger. After a meteoric rise through a series of prestigious posts, he took the bench at the tender age of 35.

Elizabeth Halverson served as a state district court clerk in Nevada for nine (9) years, before being dismissed by her boss, Chief Judge Kathy Hardcastle (who is now her archnemesis). According to the AP article, “Hardcastle dismissed Halverson as a law clerk in 2004, saying that such a position is typically a short-time job and that it was time Halverson moved on. Halverson then mounted an unsuccessful bid for Family Court judge against Hardcastle’s husband.”

2. Judicial System: The differences between Chief Judge Kozinski and Judge Halverson may be best explained by the differences between the federal and state judiciaries, and how judges are selected for each. See here.

3. Life Tenure: As for why we say Judge Halverson “wants it,” see the Las Vegas Review-Journal:

In a highly unusual move, the Judicial Discipline Commission suspended Judge Halverson from her duties, with pay, last July. The commission is scheduled to conduct a hearing next month into allegations that she slept during trials, mistreated staff members, and had improper communication with jurors.

The commission could remove her from office. Even if it does not, Judge Halverson has drawn substantial opposition to her re-election bid, and is considered a long-shot to retain her seat.

So Judge Halverson, acting as her own attorney, filed a lawsuit last week, asking the state Supreme Court to simply cancel this fall’s election for her seat, allowing her to continue in office through 2012 without facing voters for another four years.

4. Preferred mode of transport: The motorized-scooter reference is no joke. See here.

5. Entourage: For more on the Halverson private bodyguard / security guard snafu, see here.

6. Views on beauty contests: Then-Judge Kozinski’s self-nomination as a judicial hottie appears here, the nominees appear here, and his victory announcement appears here.

7. Treatment of support staff: Despite notoriously long hours, clerks to Chief Judge Kozinski rave about — and are fiercely loyal to — their boss. As a result, a Kozinski clerkship is one of the most coveted in the entire federal judiciary (and not just because of Chief Judge Kozinski’s stellar track record as a feeder judge to the Supreme Court).

On Kozinski clerks marrying each other, see, e.g., here.

(The remaining details are taken from John Roemer’s very interesting California Lawyer profile of Chief Judge Kozinski, which you can access in full over here, and the AP article on Judge Halverson, which is available over here.)

Just Being Kozinski [California Lawyer]
Nevada Judge Accused of Demanding Royal Treatment, Massages at Work [AP via Fox News]
EDITORIAL: ‘Let’s call the whole thing off [Las Vegas Review-Journal]

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