Federal Judges

Official ATL Endorsement: Judge O’Scannlain for Attorney General

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diarmuid o'scannlain diarmuid f o'scannlain.jpgWe linked to this interesting MSNBC article, about possible replacements for outgoing Attorney General Alberto Gonzales, in Morning Docket.
We’d now like to link to it again, and draw your attention to the very end of the article. Doug Kmiec, a top Justice Department official in the Reagan and Bush I administrations, is quoted as follows:

“[T]he president might be well advised to pick a senior court of appeals judge appointed by Reagan; perhaps, Diarmuid O’Scannlain of the Ninth Circuit, Kenneth Ripple of the Seventh Circuit, or Edith Jones of the Fifth.”

[Kmiec] said, “The integrity of these individuals is unquestioned; by virtue of judicial office, they have been freed of partisanship for some time, yet, by virtue of appointment, would be acceptable to the base of the President’s party.”

Judge O’Scannlain for Attorney General? What a fabulous idea!
Having clerked for Judge O’Scannlain, we’re admittedly biased. As we previously wrote:

During two decades of distiinguished service, Judge O’Scannlain has established himself as a shining star in the federal judicial firmament. We had the honor and pleasure of clerking for Judge O’Scannlain during the 1999-2000 judicial year. He was a wonderful boss to us and our co-clerks, and he continues to be a great mentor and friend to this day. (He’s also quite handsome, in a Paul Newman sort of way; see photo at right.)

But you don’t need to be a former O’Scannlain clerk to recognize the soundness of Kmiec’s reasoning. (As for the other two judges Kmiec mentions, we’re not that familiar with Judge Ripple. Judge Jones, while diva-licious, she might be a tough sell to a Senate controlled by the Democrats.)
So we hereby issue this official ATL endorsement: Judge O’Scannlain for Attorney General!
(Psst, Nixon Peabody peeps: Can you do up a theme song?)
Senate confirmation hearings promise drama [MSNBC]

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A Quick Update on Vick

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Michael Vick middle finger Abovethelaw Above the Law blog.jpgThe plea hearing for the embattled star quarterback took place this morning. One of Michael Vick’s lawyers, Billy Martin, spoke to reporters on the courthouse steps. He stated that “this matter is concluded until December 10th, when Judge Hudson will sentence Michael Vick according to the plea agreement.” He also announced that Vick will make a statement of his own at 11:30 AM today.
At the hearing, Judge Henry Hudson told Michael Vick something along these lines: “You know you’re taking your chances here. I’m not bound by the recommendations [of the parties].”
A correct statement of the law, especially after Booker? Yes. A smart thing for a judge to do at a plea hearing, to prevent the defendant from later claiming he was blindsided? Sure.
But, reading the tea leaves a bit, we’d hazard a guess that Judge Hudson might give Vick significantly more than the 12 or so months that the parties will recommend (per the plea agreement). Stay tuned.
(We’d guess that the parties will recommend a year and a day, which will make Vick eligible for certain “good time” credits applicable only to sentences over a year.)

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Michael Vick: His Bark Is Worse Than His Betting

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The plea agreement (PDF) for star quarterback Michael Vick has been filed in federal court. In the statement of facts (PDF) accompanying the agreement, Vick admits involvement in the dogfighting conspiracy (including funding it), but declines to admit a number of other allegations. According to ESPN, Vick claims that he “did not place side bets and did not receive proceeds from purses from the fights.”
Here’s what the agreement provides with respect to sentencing:
Michael Vick plea agreement Above the Law blog.jpg
Assuming zero criminal history, an adjusted offense level of 13 gives you an imprisonment range of 12 to 18 months. Of course, and as noted in the agreement, the sentencing judge is not bound by the guidelines (thanks to Booker).
What’s next in procedural terms, from CNN:

Vick, 27, is scheduled to appear in federal court in Richmond, Virginia, on Monday, where he is expected to plead guilty before a judge. The judge in the case will have the final say over the plea agreement.

Presiding over Vick’s case is Judge Henry Hudson, a Bush II appointee to the bench and a former U.S. Attorney for the Eastern District of Virginia (under Bush I). He has an impressive resume, but we don’t know much about him personally. We welcome your thoughts on Judge Hudson in the comments.
Vick files plea agreement admitting to dogfighting [ESPN.com]
Vick admits dog killing, conspiracy [CNN]

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A Solution to the Federal Judicial Pay Crisis: Marry Into Money

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Kimba Wood Judge Kimba M Wood Frank Richardson Above the Law blog.jpgAs we previously mentioned, and as Lawrence Hurley of the Daily Journal reports here, Congress is considering a proposal that would raise federal judges’ salaries by a significant margin. Here’s what the new scale would look like (with current salaries indicated parenthetically):

District Court Judges: $247,800 (up from $165,200)
Court of Appeals Judges: $262,700 ($175,100)
Associate Justices of the Supreme Court: $304,500 ($203,000)
Chief Justice of the United States: $318,200 ($212,100)

This proposal would cost millions in taxpayer dollars. So we have a better solution to the problem of federal judicial pay, which Chief Justice John Roberts has dubbed a “constitutional crisis.”

Here’s our brilliant idea: Require all federal judges to marry rich!

Don’t you just love couples in which one spouse is a judge, with all the power and prestige of judicial office, and the other spouse is rolling in dough? Off the top of our head, we can name a number of federal judges who have married well — or at least wealthy. (Like Judge Kimba Wood, above right, with her well-heeled hubby, Frank Richardson.)

We list some judges who have married into money, and we invite additional examples from you, after the jump.

double red triangle arrows Continue reading “A Solution to the Federal Judicial Pay Crisis: Marry Into Money”

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Judge Adrian Duplantier, R.I.P.

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Adrian Duplantier Judge Adrian G Duplantier Above the Law blog.jpgAttention Loyola 2L: Someday you might serve on the federal bench. From the New Orleans Times-Picayune:

U.S. District Judge Adrian Duplantier, who as a lawyer, lawmaker and jurist was a force in New Orleans life for more than a half-century, died Wednesday of cancer at Ochsner Medical Center. He was 78….

A lifelong New Orleanian who graduated from Jesuit High School and Loyola University’s law school, Judge Duplantier was a Civil District Court clerk, the first assistant to District Attorney Leon Hubert, a state senator and a Civil District Court judge. In 1978, President Carter appointed him to the federal district bench.

Okay, different Loyola — Loyola in New Orleans. But the point remains that you don’t need to attend a top ten law school to have a successful legal career.
Judge Duplantier had a robust sense of humor:

In 1981, he conducted a trial involving ownership of “Mr. Bill,” the clay figure who yelled, “Oh, nooooo!” on “Saturday Night Live” as one calamity after another, usually involving loss of limbs at the hands of the evil Mr. Sluggo, befell him.

A settlement was reached. When Judge Duplantier appeared in court, he wore a “Judge Sluggo” name tag, and he sliced up a version of Mr. Bill, tossing bits to people who had claimed authorship. The courtroom was filled with cries of “Oh, nooooo!”

Judge Duplantier never stopped smiling, even when he was battling cancer, Berrigan said. “He considered himself blessed. He had a wonderful life.”

Update: Ernie Svenson, who clerked for Judge Duplantier, has some personal reflections on the judge over here.
Adrian Duplantier, lawyer, federal judge [New Orleans Times-Picayune]
Adrian Guy Duplantier bio [FJC]
Remembering Judge Adrian Duplantier [Ernie the Attorney]

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And Scalia Should Be Recused ‘Cause He Has Nine Kids

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William Zloch Judge William J Zloch Abovethelaw Above the Law blog.jpgHere’s a story about a rather strange (and weak) recusal motion, from the Daily Business Review:

Fort Lauderdale, Fla., attorney Loring Spolter is accusing U.S. District Judge William Zloch of bias in two employment discrimination cases, citing his deep religious beliefs, and wants the judge removed from the cases.

In a 110-page motion for recusal filed last month, Spolter cited Zloch’s hiring of several law clerks from Ave Maria Law School, a donation to the Roman Catholic school and his attendance at several junkets for judges sponsored by conservative organizations.

A 110-page recusal motion? Maybe Judge Zloch will recuse to avoid having to read it.
One local lawyer came to the judge’s defense:

Arthur Schofield, a West Palm Beach, Fla., attorney, said Zloch exhibited no bias when he ruled for his client — a stripper — last year. She was suing her employer, Platinum Showgirls, for listing her as an independent contractor and refusing to pay her an hourly wage. Zloch ruled she was entitled to hourly pay.

Well, that doesn’t prove much. The Bible teaches: “Render unto strippers the things which are strippers’.”
Federal Judge Accused of Religious Bias [Daily Business Review]

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Paulie Walnuts Doppelgänger of the Day: Judge Edward Nottingham

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In response to our earlier post, Judge of the Day: Edward Nottingham, this “separated at birth” resemblance was pointed out by many commenters:
Tony Sirico Paulie Walnuts Ed Nottingham Edward Nottingham Judge Edward W Nottingham Abovethelaw Above the Law blog.JPG
We think the leathery skin and hair coloration — black on top, silver on the sides — may be responsible for the bulk of the resemblance. But still, it’s pretty darn close.
Our favorite comment in the thread:

“I’m loyal to the Bada Bing. Strippers to $3,000 (in singles)!”

Posted by: Paulie Walnuts | August 10, 2007 11:24 AM

Earlier: Judge of the Day: Edward Nottingham

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Judge of the Day: Edward Nottingham

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Edward Nottingham Judge Edward W Nottingham Abovethelaw Above the Law blog.jpgAs many of you know, we’re guilty of federal judicial snobbery here at ATL. We frequently mock state court judges, whom we regard as “icky,” and contrast their regular misadventures — ethical lapses, brushes with the law, messy personal lives — with the generally upright lives of their counterparts on the federal bench.
But federal judges are people too — people who get themselves into highly embarrassing situations. From Colorado’s 9News.com:

Court documents obtained by 9Wants to Know show Colorado’s top federal judge was too drunk to remember how he spent more than $3,000 at a strip club in two consecutive days. He also used an Internet dating service while he was married.

Judge Edward Nottingham is the chief federal judge in Colorado and he is held to the highest standards of personal and professional conduct.

Umm, yeah, this story is all kinds of awesome. Some of Judge Nottingham’s conduct would make a drunken summer associate blush.
More after the jump.

double red triangle arrows Continue reading “Judge of the Day: Edward Nottingham”

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Non-Sequiturs: 07.19.07

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hillary clinton is magnificent.jpg* Don’t touch the balls of a federal judge, you monkey. [Southern District of Florida Blog]
* “Papitto” was a crapitto name for a law school, anyway. [TaxProf Blog]
* Hillary is da shizz. But we knew that already. [The Caucus / New York Times]
* It’s official, ’cause it appeared in the MSM (or, to be more precise, an MSM blog). ATL is “extremely addictive”! [Legal Pad]

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Non-Sequiturs: 07.11.07

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cockfighting cock fights rooster Abovethelaw Above the Law blog.jpg* According to a lawsuit filed by fellow blogger David Oscar Markus, you have a First Amendment right to cocks on the internets. [Althouse; Volokh Conspiracy]
* In other odd legal news from Florida, Holland & Knight has discovered a new practice area: “suing Little League back to the Stone Age.” [St. Petersburg Times via Deadspin]
* Still more Florida weirdness. Avoid wearing black in this judge’s courtroom. [Daily Business Review]
* Speaking of fashion, should federal judges be provided with clip-on ties? Sadly, it might mark a style improvement for many. [Underbelly]

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