Cars

Ann Banaszewski Ann S Banaszewski Justice Antonin Scalia drunk driver drunk driving Above the Law.jpgHer high-profile father continues to criss-cross the country, preaching the gospel of originalism.
But Ann S. Banaszewski, daughter of Justice Antonin Scalia, probably won’t be doing much traveling in the next six months. Unless someone else is at the wheel.
(Justice Scalia, as far as we know, hasn’t gotten any traffic tickets lately. But rumor has it that he can be an impatient driver himself.)
Scalia Daughter Won’t Fight Driver’s License Suspension [Chicago Tribune]
Judicial SIGHT-ation: The Wheels of Justice Scalia [UTR]

Does the copy editor of the DuPage Daily Herald, like Professor Jeffrey Rosen, think that Justice Antonin Scalia “is a huge dick”?
If so, it would make sense. Animus towards Justice Scalia might explain this amusingly salacious headline:
Woman Tied to Scalia Headline Above the Law.GIF
This innocent little headline, just seven words long, makes it sound like Justice Scalia has a mistress. Who’s a lush. And a criminal.
It’s an impressive feat, in its own way.
Woman tied to Scalia faces DUI charge [DuPage County Daily Herald]
Earlier: Justice Scalia’s Daughter Joins the Ranks of Paris Hilton, Nicole Richie, and State Court Judges

Ann Banaszewski Ann S Banaszewski Justice Antonin Scalia drunk driver drunk driving Above the Law.jpgIf your mom or dad is a federal judge, that makes them perfect (by definition). But Article III infallibility does not extend to you, their offspring. Do YOU have a commission signed by the President? Where’s your fancy black robe?
In fact, federal judicial kids get into all sorts of embarrassing scrapes. For example, sometimes they spill coffee on airplanes.*
And sometimes they get into much bigger trouble. From the Chicago Tribune:

A daughter of U.S. Supreme Court Justice Antonin Scalia was arrested Monday night in Wheaton and charged with driving under the influence of alcohol and child endangerment, Wheaton Deputy Police Chief Thomas Meloni said.

Ann S. Banaszewski, 45, was stopped about 7:25 p.m. in a 1996 Ford Econoline van near Gamon Road and Longfellow Drive after a citizen reported a possible drunken driver was at the McDonald’s restaurant near there, Meloni said.

Three of Banaszewski’s “small children” were in the van with her at the time, leading to the child endangerment charge, Meloni said.

Quips our tipster: “Now that I have kids, it really makes me mad to see someone drinking and driving with their kids in the car.”
(Similarly troubling: Banaszewski’s taste in vehicles. A 1996 Ford Econoline van? Not nearly as nice as the BMW her father tools around Washington in.)
Mrs. Banaszweski wasn’t eager to chat about the incident:

Banaszewski, reached by phone at home, declined to speak about the arrest, or whether she was Scalia’s daughter.

“I have no information and I certainly would not speak with a reporter about my father,” she said.

Some unsolicited advice: Next time, Ann, just say “no comment.” We don’t mean to be annoying or pedantic — we’re guessing you don’t speak to the media much — but saying you “have no information” about an episode in which you’re the protagonist isn’t true.
Anyway, we must say we’re rather surprised by this news. The offspring of Justice Scalia are an upstanding bunch. They include a priest, a military officer, and a hot ERISA lawyer. And given Justice Scalia’s emphasis on morality and personal responsibility, we think he’d be displeased to learn that his daughter was allegedly driving under the influence, with his three grandchildren in the car.
* For those of you who care, yes, we will (eventually) respond to Judge Alex Kozinski’s open letter to us. We’ve just been very, very busy.
Daughter of Supreme Court Justice Charged in DUI [Chicago Tribune]
Earlier: Flying the Friendly, Federal Judicial Skies
Judges of the Day: Patrick Young and Jan Fiss
The Honorable Nicole Richie?

Non-Sequiturs: 01.31.07

* The point of this fluff piece feature is that Ferraris are not always penis substitutes. [Legal Times]
* Is there actually a rental market (Netbux?) for books-on-tape? [Patry Copyright Blog]
* New York fashion week starts soon, and I will yet again be reminded that as a woman living in the cultural capital of the world (arguably), I will never amount to anything because I am not 6 feet tall and 105 pounds. So would I really care if they keeled over and died? [Access Hollywood]
* She also claimed to have coined, “I’m listening.” [New York Law Journal]
* Must-see TV, PBS-style. Those of you who know me also know I only discovered PBS when I got to college. And then, I just didn’t care. (Nah, just being obnoxious — I’ll occasionally watch a well-intentioned documentary or a live concert by some 60s band). [Legal Blog Watch]
* Defense should probably open with a clip of The Birds. [Los Angeles Times]

* Solitary confinement, cruel and unusual? Cruel, perhaps, but not that unusual. [St. Petersburg Times via How Appealing]
* Florida and California decide to take a little break on the whole lethal injection thing. [CNN]
* New Jersey Legislature does what New Jersey’s Supreme Court told them to. [FindLaw]
* Mariah Carey is concerned that people might be confused and think that she is someone who uses sex to make money….oh, wait a minute… [FOX News]
* Global warming is such a nuisance. [Jurist]

Morning Docket: 12.14.06

* The feds and the ACLU wrangle over a classified document. Is such use of the grand jury subpoena creative, or improper? [New York Times]
* A Swift (& Co.) crackdown: federal raids on meatpacking plants in six states result in over 1,200 arrests on immigration charges. [Associated Press]
* MoveOn and those Swift Boat Veterans get fined. [New York Times]
* “Seventh Circuit reinstates claim asserting that … members of the plaintiff classes have bought products or services from some of the defendants that they would not have bought had the defendants not concealed their involvement in slavery.” [How Appealing]
* Girls Gone Wild guy gets community service for filming underage women. [MSNBC]
* “College Student Gets Mother-in-Law to Co-Sign $10,000 Loan to Buy Apple Computer, Has $7,800 DOI Income When He Repays Only $2,200 After Taking High-Paying Job at Microsoft.” [TaxProf Blog]
* A British police inquiry rejects conspiracy theories concerning the death of Princess Diana, concluding that the 1997 car crash was a “tragic accident.” [Associated Press]
* Does anyone know if “ABV D LAW” is taken? [WSJ Law Blog]

Nicole Richie Above the Law pic pics.jpgAfter driving her SUV the wrong way down a freeway, famine victim reality TV star Nicole Richie was arrested yesterday for driving under the influence (Vicodin and pot, allegedly). Perhaps she’s gearing up for “The Simple Life: Behind Bars”?
Seriously, though, we doubt Richie will do any prison time. She’s in the capable hands of Howard L. Weitzman, a prominent criminal defense lawyer who has represented oodles of celebrities over the years (e.g., John De Lorean, Michael Jackson, Ozzy Osbourne, and even O.J. Simpson (briefly)).
And this cloud has a silver lining. Now that she has a DUI arrest on her record, Nicole Richie is eligible for a state court judgeship.
Speaking of state judges and DUI arrests, our reader poll is now over. We asked you:

Who acted more stupidly? Judge Patrick Young, for driving under the influence, with a senior colleague as a passenger? Or Chief Judge Jan Fiss, for getting into the car with an inebriated colleague, and then trying to empty his tinnie by the side of the road?

Chief Judge Fiss won by a healthy margin: 64 percent to 36 percent. This makes sense to us. As the senior member of the panel, he really should have known better.
Nicole Richie Popped for DUI [TMZ.com]
Earlier: Judges of the Day: Patrick Young and Jan Fiss

drunk driving dui dwi Above the Law.jpgJudges don’t have enough fun. Overly concerned with “judicial decorum,” they don’t let down their hair very often. They try to hide the reality that, beneath their robes, they’re ordinary people just like the rest of us. Perhaps they fear that this truth might undermine their legitimacy.
But a pair of Illinois state court judges may have taken things too far in the “fun” department:

A judge driving with his boss was charged with drunken driving after a wreck that sent another motorist to the hospital, and the other judge was seen by an officer pouring out a can of beer, police said.

St. Clair County Circuit Judge Patrick Young, 58, was handcuffed and arrested and charged with drunken driving after the Sunday crash, about 20 miles from St. Louis. He refused a sobriety test, authorities said.

Another officer, Jeffrey Sheary, reported seeing Young’s passenger, Chief Judge Jan Fiss, 64, pour out an open beer can on the road and try to hide it in his coat.

If the allegations are true, who acted more stupidly? Judge Young, for driving under the influence, with a senior colleague as a passenger? Or Chief Judge Fiss, for getting into the car with an inebriated colleague, and then trying to empty his tinnie by the side of the road?

Make Free Online Polls

Illinois judge charged with drunken driving; other judge in SUV seen ditching beer [Associated Press]

police officer Above the Law.jpgYet another sign that reality television has gone too, too far:

City leaders have apologized after a program on Tempe’s cable channel showed a white police officer telling two black men they could get out of a littering ticket by performing a rap….

[After pulling the car over,] the officer then tells the men that they can avoid getting a littering ticket “if the two of you just do a little rap about — what do you want to do a rap about? Littering? About the dangers of littering.”

The two men agree, and each performs a short rap, laughing afterward. One says, “The dangers of littering, you will get a ticket. If you ain’t wit’ it, you better be experienced.”

The second man raps, “Yo, I just got pulled over ’cause I threw my trash out the window when they rolled over. They got behind me and pulled me over.”

They got out of the ticket. But query whether they should have been fined for their mediocre rapping.
The cop also pulled over an Asian woman for making an illegal turn. He told her she could get out of a ticket by being a bad driver.
Arizona cop had black men rap away ticket [Associated Press via Drudge Report]

Morning Docket: 11.29.06

* The DOJ’s IG, its equivalent of the GAO, will investigate the NSA’s warrantless issuance of acronyms. [Law.com]
* Disecting the Chief Justice’s humor… lawyer style. [WSJ Law Blog]
* No name-calling: Court strikes down President’s power to designate terror groups. [MSNBC]
* Back in the Dogg pound: this time charges include “having a false compartment in a vehicle.” [CNN]

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