We’re still here in sun-kissed Miami, where we enjoyed meeting a small but lively group at yesterday’s happy hour. In a few hours, though, we’ll be heading back up to our home base in Washington, DC — where, sadly enough, we don’t enjoy vistas like the one at right.
Before we leave, here’s a final bit of local color (like yesterday’s post about that jailed court reporter — who was, by the way, released from jail last night). Today’s story concerns a dispute between a local blogger and a local MSM outlet.
David Oskar Markus, who writes the excellent Southern District of Florida Blog, recently reported that Judge Shelby Highsmith (S.D. Fla.) would be retiring at the end of the year (and declining criminal cases, which is his prerogative as a senior judge, as of March).
Then Julie Kay, of the Daily Business Review, did a little follow-up. She wrote a quasi-catty item saying that Markus was wrong, at least about Judge Highsmith retiring by the end of the year. (She confirmed that the judge will be going off the criminal wheel as of this month.)
In accuracy spats such as this one, people usually place their bets on the MSM. But based on things we’ve heard hither and thither, we’re going to go out on a limb here and predict that, as reported by David Markus, Judge Highsmith will step down from the bench by the end of 2007.
If you have any inside information on the good judge’s plans, feel free to share them with us. Thanks.
Judge Shelby Highsmith to retire [Southern District of Florida Blog]
From the Courts: Justice Watch [Daily Business Review]
Blog Controversy [Southern District of Florida Blog]
Federal Judges
Kristina Daugirdas and Nicholas Bagley made a valiant effort in our Couple of the Month contest. Over time, they narrowed the gap between themselves and the leading couple considerably.
But in the end, it wasn’t enough — especially since the leading couple, which started off and remained in the lead throughout the contest, included a sitting federal appeals court judge:
Congratulations to ATL’s newest couple of the month: Ann Leventhal and (the Honorable) Jon Newman!!!
Update: In response to this question, the answer is “no.”
A couple that includes a Supreme Court clerk has lost before in Couple of the Month voting (although not in the weekly Legal Eagle Wedding Watch ratings). Lori Alvino and Matt McGill did not prevail in the October 2006 Couple of the Month competition.
Earlier: Legal Eagle Wedding Watch: January 2007 Couple of the Month
To read past editions of Legal Eagle Wedding Watch, click here, and scroll down.
- 9th Circuit, Airplanes / Aviation, Alex Kozinski, Blogging, Clerkships, Federal Judges, Judicial Divas, Kids, Marsha Berzon, Screw-Ups
A Response to Judge Alex Kozinski
By David LatSome time ago, we posted an anecdote about the family travel mishaps of Judge Marsha Berzon, of the U.S. Court of Appeals for the Ninth Circuit.
Many ATL readers enjoyed the story. But Judge Berzon’s colleague, Judge Alex Kozinski — one of the federal judiciary’s most brilliant thinkers and talented writers — was less pleased. He sent us an open letter criticizing the story and our decision to publish it.
We posted Judge Kozinski’s letter here, and we promised a more detailed response.
We intended to publish a response much earlier. But having to respond to a benchslapping at the hands of a brilliant federal judge tends to induce “writer’s block.” Who’d have thunk it?
Anyway, we finally got over our writer’s block. Our response appears after the jump.
From a correspondent in the Beehive State:
Dying for just a few extra days on that brief? Ever thought about trying to game that little date stamp machine outside the court house?
The attached order has been causing some buzz here in Salt Lake City. Judge Dale Kimball is not exactly a divo, but I love this order, not only for the slimy behavior of the Snell & Wilmer attorneys that got totally busted (check the docket for the exact attorney names), but also for the clever detective work by the court staff.
This is a good lesson. And a great example of an attorney getting benchslapped!
Here’s the first page of the order:
And now it’s time for this court to rip counsel a new one. The rest of order follows after the jump.
Continue reading “Benchslapped: Don’t F**k with Time Stamps, You WILL Get Busted”
We’ve finally finished all of our Legal Eagle Wedding Watch write-ups for January. So it’s time to vote — rather belatedly, but that’s our fault, not yours — for ATL’s January 2007 “Couple of the Month.”
If you’d like to review the couples one more time, our original write-ups — with scores, links to their NYT wedding announcements, and photos (in some cases) — appear after the jump.
But if you’re ready to vote, here’s the poll:
Continue reading “Legal Eagle Wedding Watch: January 2007 Couple of the Month”
Yesterday brought some good news for Connecticut state court judge Vanessa Lynne Bryant, nominated to the federal district court for Connecticut.
From the Hartford Courant (via How Appealing):
The influential judicial screening committee of the American Bar Association has reversed itself on the nomination of Superior Court Judge Vanessa L. Bryant to the federal bench, concluding that the judge it found not qualified a year ago is now qualified.
The chairman of the association’s Standing Committee on the Federal Judiciary said Tuesday that the new evaluation is the result of a routine re-examination of Bryant’s qualifications. That was triggered when Bryant’s nomination was resubmitted in January by President Bush after Congress adjourned last year without acting on it.
So Judge Bryant’s confirmation — which was never seriously in doubt, even back when she was deemed “unqualified,” due to the political support she enjoyed on both sides of the aisle — is now just a formality.
To refresh your memory, here’s some discussion of Judge Bryant’s earlier “not qualified” rating:
In confidential interviews, [ABA investigator Doreen] Dodson wrote, judges and lawyers described Bryant as “domineering and exasperated with lawyers,” “arrogant and unreasonable,” and “contentious and short-tempered.” Some also said she seemed overwhelmed by complex issues and wrote opinions that were hard to decipher. Dodson added that such complaints appeared consistently through her years on the bench.
Hmm… This description calls to mind a certain other jurist named Vanessa: Judge Vanessa D. Gilmore (at right), appointed by President Clinton in 1994, and recently discussed here.
Now, we harbor a healthy skepticism of the ABA ratings process. And we do acknowledge the concerns that have been raised concerning the anonymous nature of the earlier criticisms of Judge Bryant, which hampered her ability to respond to them at her Judiciary Committee hearings.*
But here’s a question on our mind, which we’ll just toss out there for all of you to debate:
If confirmed to the federal bench, might Judge Vanessa Bryant someday end up looking like the northeastern, Republican version of Judge Vanessa Gilmore?
* Speaking of anonymous criticism of judges, yes, we know: we are delinquent with our response to Judge Alex Kozinski’s open letter. Look for it tomorrow.
Opinion Reversed: Judge Is Qualified [Hartford Courant (via How Appealing)]
Dodd, Lieberman and Blumenthal endorse federal judge nominee [Associated Press]
Vanessa Lynne Bryant bio [Office of Legal Policy]
Earlier: The Honorable Vanessa Gilmore: A Delicious Judicial Diva
- 5th Circuit, Death Penalty, Enron, Fabulosity, Federal Judges, Judicial Divas, Vanessa Gilmore, You Go Girl
The Honorable Vanessa Gilmore: A Delicious Judicial Diva
By David LatIf you’re getting tired of our stories about the DOJ’s Shanetta Cutlar and S&C’s Alexandra Korry, we have a new name to add to our rotation of delightfully high-powered, imperious females. Meet Judge Vanessa D. Gilmore (at right), of the U.S. District Court for the Southern District of Texas.
Whisper her name out loud: “Vanessa Gilmore.” Doesn’t it even SOUND diva-licious? If she weren’t a federal judge, couldn’t she be a character on “Dynasty”?
But we have reasons other than the sound of her name for declaring this rather attractive jurist to be a judicial diva. From a helpful tipster:
I’d like to bring another judicial diva to your attention: Judge Vanessa Gilmore of the Southern District of Texas. You probably have already read about Judge Gilmore’s ruling in the Enron broadband case vacating Howard’s conviction. I’m not sure she’s a match for Shanetta Cutlar, but she’s no slouch either when it comes to divadom.
[R]umors about her include:
* She has thrown her keys in open court at an attorney (I believe it might have been an AUSA) for calling her “ma’am”;
* She ordered an AUSA to have John Ashcroft personally write her a letter explaining the DOJ’s reasons for seeking the death penalty against one defendant but not others [the Williams case, discussed in more detail below];
* When she didn’t like the particular font counsel used, she told him that she threw his motion in the trash without reading it, and then she ruled against him;
* During trial she is happy to make findings contrary to stipulations of the parties; and
* She encourages ex parte contact with the court and attempts to prevent record-making: any discovery “motions” must be way of a one-page letter to the court. She will then have a hearing which she considers an “oral motion to compel.” She will happily rule without actually seeing any of the discovery propounded.
More about Judge Gilmore, including a discussion of how she got benchslapped by the Fifth Circuit, after the jump.
P.S. We welcome colorful anecdotes about strong personalities within the legal profession regardless of their race, gender, etc. It just so happens that lately we’ve been getting information about women. If you want to tell us about your workplace abuse at the hands of a man — e.g., Eric Krautheimer, of Brokeback Lawfirm infamy — we’re all ears.
Continue reading “The Honorable Vanessa Gilmore: A Delicious Judicial Diva”
- Anna Nicole Smith, Anthony Kennedy, Federal Judges, Football, Malpractice, Money, Morning Docket, Sports, Weddings
Morning Docket: 02.15.07
By B Clerker* Lawyer was grand jury leak in BALCO case. [MSNBC]
* Justice Kennedy: Pay the judges! [Law.com]
* Notre Dame’s Coach Weis testifies in gastric bypass malpractice case. Tom Brady may testify. [CBS Sportsline]
* Judge allows burial of Anna Nicole Smith. [MSNBC]
* Should you marry a lawyer? [WSJ Law Blog]
Happy Valentine’s Day!
* Miss Brazil wins lawsuit competition. [CNN]
* ABA: Pay the judges! [Law.com]
* Cheney and Libby will not testify in CIA leak trial. [CNN]
* What makes a good or bad law school exam answer? [Volokh]
What About State Judicial Pay? Some Celebrity Correspondence from Justice Emily Goodman
By David LatWe agree that federal judicial pay needs to rise. But despite our sympathy for the cause, we’re getting tired of hearing about the need to raise salaries for federal judges. (The latest voice to weigh in on the debate, former Federal Reserve Chair Paul Volcker, is pretty random.)
So enough about federal judicial compensation. What about salaries for state court judges?
Yes, sometimes we poke good-natured fun at members of state judiciaries. But in all seriousness, state judges play a crucial role in the administration of justice — in the aggregate, arguably a larger role than federal judges (including the Supremes).
Many state court judges work long hours and perform excellent work on the bench. Many are widely admired for their diligence and their competence. And yet their pay, like that of federal judges, ain’t so hot.
Consider this email, which we publish with her permission, from the Honorable Emily Jane Goodman, a justice of the New York Supreme Court:
From: Emily Goodman
Sent: Monday, February 12, 2007 11:49 AM
To: AboveTheLaw Tips
Cc: Justice Emily Goodman
Subject: AboveTheLaw TipAbout the LIST OF SHAME, why not mention the salaries of NYS judges (of which I am one)?
Emily Jane Goodman
NYS
JSCThis message may have been intercepted and read by government agencies including the FBI, CIA, NSA without notice or warrant or knowledge of sender or recepient.
(By the way, we love that little disclaimer at the end about warrentless communications monitoring.)
We followed up with Justice Goodman, who offered some additional thoughts:
[A] NYS Supreme Court justice is paid $136,700 per year. We have not had a raise in 8 or 9 years; we’ve had only 2 in 2 decades! There are no COLAS, no bonuses, no outside employment. (Compare and contrast with a first year associate — you do the math!)
This is indeed troubling. Remember Dan Alterman’s estimate of $47,000, for the value of the billable hours spent on the Charney v. Sullivan & Cromwell hearing — in New York Supreme Court, of all places? Two days’ worth of such hearings — a morning hearing, and an afternoon one — would easily eclipse the annual salary of the jurist hearing the case.
More from Justice Goodman on state judicial pay, after the jump.
-
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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: asia@kinneyrecruiting.com.
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.
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Virtual Canary in the Digital Mine #3: Total Pre-Cull (Part 1 of 3), Or, How I Learned to Stop Worrying and Love Predictive Coding
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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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