A Denver lawyer has filed a complaint claiming the chief judge of the Colorado federal courts threatened to call authorities when she confronted him about parking in a handicapped space.
The lawyer, Jeanne Elliott, was paralyzed in 1986 when she was shot by an angry litigant. She told KUSA in Denver that she waited in her wheelchair behind the illegally parked SUV outside a Walgreens. Judge Edward Nottingham arrived and threatened to call the U.S. Marshals service when she didn’t move, according to her grievance (PDF) filed with the Denver-based 10th U.S. Circuit Court of Appeals. He later called 911.
For the limited but passionate segment of the ATL readership that avidly follows the federal judiciary and clerkship news, the past week has been a good one.
First, there was this very interesting Legal Times article by Joe Palazzolo, about the debacle known as the law clerk hiring process. Executive summary: “As in most family feuds, it’s the kids who suffer most. In interviews, newly hired law clerks rated this year’s hiring frenzy on a scale from ‘unfortunate’ to ‘an utter mess.’”
At the D.C. Circuit, lights shone in the windows of some judges’ chambers before dawn on Sept. 19. They had scheduled their first interviews between 6:45 and 7 a.m.
[Yale Law School Professor Christine] Jolls, who is a member of a committee of professors and deans that advises the Judicial Conference on the hiring process, says she got a 2 a.m. e-mail from one of her students who had just emerged from an interview with a 2nd Circuit judge. The judge had scheduled the interview for Sept. 19 at 12:01 a.m.
If you know, feel free to identify the judges who scheduled these insanely early interviews, in the comments.
Second, for those of you follow clerkship bonus developments, on Tuesday the ever-helpful Law Clerk Addict posted an updated Vault 100 clerkship bonus chart. You can access it here.
Third, today the National Law Journal serves up a delightful profile of the nation’s #1 judicial superhottie (male), Judge Alex Kozinski of the Ninth Circuit. As of December 1, make that CHIEF Judge Kozinski. Congratulations, Your Honor!
Links to the aforementioned sources, plus excerpts and commentary on the Kozinski profile, appear after the jump. Update: Also after the jump, some scuttlebutt about which judges were conducting the midnight and early morning interviews.
* Humor for tax lawyers. [TaxProf Blog]
* Additional thoughts on the Judge Samuel Kent case, from Ilya Somin. [Volokh Conspiracy]
* Best magistrate judgeship ever? [San Jose Mercury News]
* Charlie Savage, whose book party we recently attended, is on the Colbert Report tonight. [Comedy Central]
* Also on television tonight (opposite the Colbert Report): Jan Crawford Greenburg interviews Justice Clarence Thomas, for Nightline. [ABC News]
Last week we honored Judge Samuel B. Kent with our prestigious Judge of the Day award, based on his alleged sexual harassment of a court employee. Now the Fifth Circuit Judicial Council has also recognized Judge Kent. From Texas Lawyer:
The Judicial Council of the 5th U.S. Circuit Court of Appeals [on Friday] issued an order reprimanding and admonishing U.S. District Judge Samuel B. Kent of Galveston. The order relates to a complaint of judicial misconduct lodged against the judge on May 21 alleging sexual harassment toward an employee of the federal judicial system.
A former case manager for Kent, Cathy McBroom, confirms she filed a complaint against the judge. She declines further comment. McBroom currently works in the clerk’s office in the Houston Division of the Southern District of Texas.
You can access the order here (PDF). But as a tipster notes, “All the juicy stuff will ‘not be disclosed.’ No fun at all.”
Fear not, judicial gossip aficionados. The Houston Chronicle has more details:
Kent is accused of harassing and inappropriately touching his 49-year-old case manager in his chambers in March….
On the day of the incident, other employees saw McBroom crying and visibly upset, according to interviews. A few weeks later, McBroom transferred to another federal court job in Houston. McBroom was so shaken by the encounter, “She (was) a basket case,” an acquaintance said.
McBroom has retained Houston attorney Rusty Hardin, who would not comment for now on the particulars of the case.
Not good news for Judge Kent. Hardin is one of Houston’s top trial lawyers.
And this is just the tip of the proverbial iceberg. Additional allegations against Judge Kent, after the jump.
In the months before U.S. District Judge Samuel Kent was temporarily relieved of his duties, an employee of the court filed a sexual harassment complaint against him, sources have told The Daily News. The sources refused to be identified in speaking about a complaint that court officials have ordered to be kept confidential.
Federal judges around the country will feel the belt-tightening that has cut into other areas of the judiciary in a rule change that limits their ability to hire permanent, career law clerks, rather than cheaper, fresh from school, term clerks.
The cost-containment move, approved Sept. 18 by the judiciary’s 27-member policy body, the Judicial Conference of the United States, is predicted to save tens of millions of dollars in salary costs over the next decade, according to an internal report by the Committee on Judicial Resources.
When it comes to knowing how to make proper court filings, don’t bother with the FRCP, or even the local rules. Just read ATL.
We tell you everything you need to know. E.g., don’t file an egg with Judge James Muirhead (D.N.H.).
And don’t file gay pornography with Judge Adalberto Jordan (S.D. Fla.). From GamePolitics.com:
That gurgling sound you hear could be Jack Thompson’s legal career swirling down the ‘loo.
The frequent video game critic, already facing professional misconduct charges from the Florida Bar which could see him stripped of his license to practice law, has outraged a U.S. District Court judge by including images of men having sex in a document filed with the court last week.
What was he thinking? And no, the gay porn was not essential to the case (as it might have been in, say, an obscenity prosecution arising out of said porn).
More details — if you want them — after the jump.
Many judges are done hiring their law clerks for next year. We’re happy to report that several of our friends, whom we were informally advising on the process, landed clerkships with their top picks.
For those of you who are still going through the process, this gossip might be of interest:
Rumor check: word on the street is that a raft judges have made a decision to only hire graduates for clerkships. One person told me that means there are about 60% less positions open for 3L applicants. The end result is that a number of schools are having their worst clerkship hiring year in memory (at least for their 3L’s). Have you heard the same?
We haven’t heard this specific rumor until now. But we do know that some judges have started hiring more graduates simply because the hiring of grads — e.g., junior associates at firms — isn’t controlled by the elaborate timetable of the law clerk hiring plan. With the possible exception of feeder judges, who have no choice but to try and snag top recruits early, most judges probably think it’s less viciously competitive — or at least less of a hassle — to hire recent law school graduates (who come with the added benefit of practical experience).
So, readers, any thoughts? Earlier: Clerkship Hiring: Today’s the Day
More good press for Jeffrey Toobin’s new book, The Nine: Inside the Secret World of the Supreme Court. It scored a front-page review in the New York Times Book Review, which is the Holy Grail of the publishing industry.
But we’re partial to this great Slate piece, by Emily Bazelon and Dahlia Lithwick (two of our favorite Supreme Court correspondents). Bazelon and Lithwick conduct a meta-review of critical reactions to Jeff Toobin’s book, which they use as a jumping off point for broader reflections on media coverage of the Court. They include a generous shout-out to ATL:
One of the oddest byproducts of the Internet has been the growth industry that is the Supreme Court gossip blog. These folks are less interested in the court as the place where Law Is Born, or where Politics Really Come From, and more fascinated by which clerks are sleeping with whom, and how much they earn while doing it.
No blog has a better bead on those items than David Lat’s Above the Law. Sure, ATL invariably tends to reduce the entire sweep of modern constitutional history to a form of girl-on-girl Jell-O-wrestling. But then at bottom, what else is there?
* As a judge, Michael Mukasey cited Shakespeare in snarking on — and striking down — the federal sentencing guidelines. [AP]
* Speaking of district judges, the well-regarded Judge Paul Cassell (D. Utah — at right) is resigning from the bench — partly due to low judicial pay. [Sentencing Law & Policy via WSJ Law Blog]
* What not to wear when you go to the airport. [Boston Globe]
* Unlike, say, the Ninth Circuit, the Second Circuit follows on-point Supreme Court precedent. [TaxProf Blog]
* Your submissions for Blawg Review #127 are respectfully requested. [Deliberations] Update: The citation for the Mukasey opinion is United States v. Mendez, 691 F. Supp. 656, 663-64 (S.D.N.Y. 1988).
Back in this post, in which we incorrectly predicted that Mukasey wouldn’t get the AG nomination, we wrote: “We’d also add that Judge Mukasey probably isn’t solidly conservative enough for the White House. See, e.g., his views on the federal sentencing guidelines.”
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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