Federal Judges

Sotomayor rocks.

Kristine Sims (via ABA Journal).

On what basis can one be confident that law schools acquaint students with prosecutors’ unique obligation under Brady? Whittaker told the jury he did not recall covering Brady in his criminal procedure class in law school. Dubelier’s alma mater, like most other law faculties, does not make criminal procedure a required course. [FN21]

[FN21] See Tulane University Law School, Curriculum, http://www.law.tulane.edu (select “Academics”; select “Curriculum”) (as visited Mar. 21, 2011, and in Clerk of Court’s case file).

– Justice Ruth Bader Ginsburg, dissenting, in Connick v. Thompson (via Josh Blackman, who provides additional context and excerpts from the opinions; there’s also discussion of the case at Gawker).

In my earlier story about Justice Antonin Scalia’s fender-bender on the George Washington Parkway, I tossed out a question: What kind of car does Justice Scalia drive?

A few years ago, Justice Scalia drove a BMW. Is Nino still partial to Bimmers, or has he switched his automotive allegiances?

Now we know the answer — and more about the accident, including whether Justice Scalia was at fault….

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The wheels of justice might have taken a wrong turn today. It seems that Justice Antonin Scalia had some minimum contacts — with another vehicle, on a highway outside D.C.

According to a Supreme Court spokesperson, Justice Scalia was involved in a minor car accident this morning, while heading in to One First Street to hear oral argument in Wal-Mart v. Dukes. The accident took place on the George Washington Parkway (a tricky road to drive on, as I know from my time spent in Washington).

Justice Scalia — my personal favorite among the justices, for his brilliance, wit, colorful personality, and unmatched writing skill — was thankfully not injured. He made it on to the bench in time for the Tuesday oral argument session.

What kind of car does Justice Scalia drive?

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There must be no more of this childish abuse…. No more or there will be sanctions. In more than 29 years as a judge, I have never encountered such bickering, quarrelsome lawyers. You are wasting my time and your clients’ money.

– Judge Richard Posner of the Seventh Circuit, sitting by designation as a district judge (N.D. Ill.), ruling on motions in limine in Chamberlain Group, Inc. v. Lear Corp. (PDF).

(The context of this quotation, which contains additional benchslappery, appears below.)

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Time to put down the gavel and hang up the robe.

We recently covered the Third Circuit’s benchslap of Judge John Fullam, an 89-year-old judge in the Eastern District of Pennsylvania. In his opinion in United States v. Higdon, issuing a writ of mandamus and directing that the case mishandled by Judge Fullam be reassigned on remand, Chief Judge Theodore McKee had some harsh words for the aged jurist: “Neither this court, nor any other court, can tolerate a situation where a judge decides to follow his/her own custom and concepts of justice rather than the precedent of the applicable appellate court or the United States Supreme Court. Ours is a nation of laws, not judges.”

At the same time, Chief Judge McKee had some kind words for Judge Fullam, praising him as “a very experienced and hard working jurist [who] has devoted decades of service to the federal bench.” In the comments to our post, some readers interpreted the combination of statements — criticism for Judge Fullam’s mishandling of one case, but compliments for his “decades of service” — as the Third Circuit trying to nudge Judge Fullam into retirement.

Well, it seems to have worked — and it’s apparently the culmination of a long-running effort to get Judge Fullam off the bench….

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Greco is a menace to his clients and a scofflaw with respect to appellate procedure. The district court may wish to consider whether he should remain a member of its bar. Would-be clients should consider how Greco has treated [his clients] Lee, Washington, and Moore.

– Chief Judge Frank Easterbrook of the Seventh Circuit, benchslapping attorney Michael J. Greco in Lee v. Cook County.

(Additional gems from the opinion — this is just the tip of the iceberg — appear after the jump.)

double red triangle arrows Continue reading “Quote(s) of the Day: Oh, professionalism is overrated.
(Or: Mess with the Easterbrook, you get the horns.)

That decision is as inexplicable as it is unexplained. It is reversed.

– opinion of the Supreme Court in Felkner v. Jackson, benchslapping the Ninth Circuit through a unanimous, per curiam reversal of an unpublished memorandum disposition. (For more context, see Josh Blackman or read the SCOTUS opinion.)

Judge Fullam is a very experienced and hard working jurist and he has devoted decades of service to the federal bench. Nothing we have said in this opinion should detract from that. However, neither this court, nor any other court, can tolerate a situation where a judge decides to follow his/her own custom and concepts of justice rather than the precedent of the applicable appellate court or the United States Supreme Court. Ours is a nation of laws, not judges.

– Chief Judge Theodore McKee (3d Cir.), benchslapping the 89-year-old Judge John Fullam (E.D. Pa.) through issuance of a writ of mandamus, in United States v. Higdon.

It’s not everyday you get porn, file sharing lawsuits, amateur motions to quash subpoenas, and a federal judge quoting Shakespeare’s King John, all wrapped up in a nice legal bundle of joy.

Here we go, from the beginning:

Chicago attorney John Steele, whose firm website is located at www.WeFightPiracy.com, represents CP Productions, the filmmakers behind — wait for it — Cowgirl Creampie. The movie was part of their website, www.chicasplace.com (obviously NSFW; I can’t believe I just looked that up in Starbucks).

On behalf of his client, Steele sued 300 people who allegedly downloaded and shared the movie via BitTorrent. No one actually knew, however, who these supposed downloaders were. The plaintiffs only had IP addresses — not names, phone numbers or mailing addresses.

Steele subpoenaed various Internet service providers to get the personal data. He spent months unsuccessfully trying to contact all of the defendants, who lived conveniently in a single Chicago apartment building all over the damn country….

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