Judge of the Day

Judge of the Day: Lawrence “Lothario” DeBello

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Judge DeBello above the law.jpgThe story of New Jersey Superior Court Judge Lawrence DeBello has the makings for a great romantic tale — the forbidden love between a judge and his law clerk.

From the New Jersey Law Journal:

A Mercer County, N.J., judge has admitted breaching judicial ethics and policies by sending romantic e-mails to his former law clerk via his judiciary e-mail account and by using his judicial office to help land her a public defender job.

The alluring law lovely, who has not been named, clerked for DeBello in Hudson County Family Court from 2006 through 2007. When she left, she and DeBello kept in touch, exchanging e-mails that discussed “personal matters” and used “offensive language”, according to the Advisory Committee on Judicial Conduct complaint [PDF].

DeBello unwisely used his judicial e-mail account for their correspondence, rather than opening a get_underneath_my_robes@gmail.com account. Even after being warned by his judicial superiors, DeBello could not keep his passion tamed:

DeBello admitted that at a December 2007 meeting with Hudson County Assignment Judge Maurice Gallipoli and Hudson County Trial Court Administrator Joseph Davis, he conceded the e-mails were inappropriate…. But after that meeting, the e-mails continued and even heated up. DeBello admitted that in December 2007 and mid-January 2008, he “participated in the escalation of the intimate tone and nature of those e-mail exchanges, which concerned their respective romantic feelings for one another.”

In January 2008, DeBello was transferred to Mercer County, but kept up the e-mails, trying to help the former clerk get a new job. He admitted he “used the power and prestige of his office” to advance her “private interests” by making an unsolicited telephone call to Deputy Public Defender Edward Marable — head of the Office of Law Guardian for the northwest region, who had appeared before him in court — telling him the former clerk was interested in a law guardian job.

Love obviously made this justice blind to the error of his ways. We just hope he got more than legal research out of his judicial Juliet.

DeBello has filed an answer [PDF] to the complaint which basically amounts to “Busted.” As Will S. said, the course of true love never did run smooth.

Judge Admits Ethics Breach Over Torrid E-Mails With Former Clerk [New Jersey Law Journal]

Judge Hit With Ethics Charges Over Steamy E-Mails With Former Clerk [New Jersey Law Journal]

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Judge of the Day: For Real.

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In Blawg Review #204, I quipped that lawyers don’t do well in a street fight. Thanks to Judge Ian Richards, I stand corrected. Check out this TMZ video:

Judge Ian Richards.jpg

The video is a little grainy, so let me give you the play-by-play, after the jump.

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Judge Kent Does Not Kiss and Tell

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Judge Kent.jpgThe days following Valentine’s Day are always a good time time to check back in with ex-flames, long lost friends and alleged abusers. On that note, what has our old friend U.S. District Judge Samuel Kent been up to?

This Tuesday, Senior U.S. District Judge Roger Vinson of Florida, who is presiding over Kent’s federal sex crimes and obstruction of justice case, denied Kent’s request that the obstruction of justice charge be dropped or moved into a separate trial.

From the Houston Chronicle:

Kent’s lawyer, Dick DeGuerin, originally argued on paper that Kent should have two trials because he must take the stand in a trial of the sexual cases to say he believed his relationships were consensual but that he would not testify on his own behalf in the obstruction case. DeGuerin said on Tuesday that Kent will only likely not testify about the obstruction.

Just how did Kent obstruct justice, you ask?

In the obstruction charge, Kent is accused of lying about sexual contact with an employee to prominent federal judges who investigated a misconduct complaint against him.

But fans of Kent, worry not, for Kent’s explanation for the lie is beyond reproach.

Kent’s amazing excuse and notes on etiquette, after the jump.

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Judge of the Day: Joseph R. Wall, You Can Find Me at The Club

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Baby Mama Poster.jpgIf you’re sick and tired of paternity tests on every episode of Maury Povich, join the club — the baby mamas club, that is. In a decision by the Wisconsin Court of Appeals, the court ruled that the trial court’s use of the term “baby mama,” along with other comments about the African-American defendant’s habits, could lead to the reasonable perception that the defendant’s sentence was impermissibly influenced by race.

A quick review of the exchange between the trial court and the defendant reveals that the trial court judge (the Honorable Joseph Wall) is a jerk. But damned if he isn’t a hilarious one:

THE COURT: Where are you working now?
THE DEFENDANT: I’m unemployed right now.
THE COURT: You’re unemployed still?
THE DEFENDANT: Yes.
THE COURT: Have you gotten a job since January?
THE DEFENDANT: No, sir.
THE COURT: You’re kidding.
THE DEFENDANT: No.
THE COURT: What do you do all day?
THE DEFENDANT: I just stay at home with my daughter and that’s it.
THE COURT: Where is her mother?
THE DEFENDANT: At work.
THE COURT: So the mother works and you sit at home, right?
THE DEFENDANT: Yeah.
THE COURT: And watch the child?
THE DEFENDANT: I got all types of things goin’. My personal family.
THE COURT: Where does the baby’s mama work?
THE DEFENDANT: Metro Market.
THE COURT: Did she finish school?
THE DEFENDANT: Yes.
THE COURT: Is she going to college, too?
THE DEFENDANT: Yes.
THE COURT: Where do you guys find these women, really, seriously. I’d say about every fourth man who comes in here unemployed, no education, is with a woman who is working full-time, going to school. Where do you find these women? Is there a club?
THE DEFENDANT: No.

Wait, it gets better… after the jump.

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Judge of the Day: Bankruptcy Judge Needs Family Law Refresher Course

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James Peck wife beater.jpgJudge James M. Peck has received two plum assignments. He’s been handling the Lehman bankruptcy and is overseeing the liquidation of Bernie Madoff’s investment firm.

Some people have been hoping that Peck would lay the smack down on these companies; maybe the federal judge just became horribly confused about his responsibilities:

Bankruptcy Judge James Peck, 63, was charged with attempted second-degree assault and harassment following a Saturday-afternoon tiff with his wife, Judith, 64.

Peck isn’t exactly claiming innocence. Instead, he went straight to “self defense”:

Peck allegedly told police that the blowup began over his wife’s late arrival at the house from the Hamptons, where she’d been earlier in the week.

Peck said his wife slapped him first, as he was taking a ladder out of his closet.

“She slapped me,” the judge told police, according to the sources. “I put the ladder down. I slapped her. Then we started slapping each other back and forth.”

“Slapping each other back and forth.” Are we talking about domestic violence, or a Family Guy episode?

More tidbits from Judge (small) Peck after the jump.

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Judge of the Day: Mark Badgett

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mark badgett.jpgA piece of general advice for judges, lawyers, presidential candidates, and almost everyone else: avoid using the terms “you people” and “that one.” They tend to raise hackles. And get you removed from the bench.

From Courthouse News Service:

The North Carolina Supreme Court removed Judge Mark H. Badgett from the bench after he ordered a Hispanic man accused of domestic violence to pay child support when none was requested, saying “you people always find a way,” and, “I don’t know how you treat women in Mexico, but here you don’t treat them that way.”

After defendant Floyd Mandez Carreon objected, Badgett ordered a deputy clerk to take Carreon’s wallet from his pocket, hand over $140 in cash to Kathy Mendez Carreon, and let her take down Floyd’s Social Security number.

Ordering a deputy clerk to rob a defendant isn’t kosher? Another “whoops” moment after the jump.

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MacArthur Award for Justice Richard Goldstone

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goldstone.jpgThe MacArthur Foundation is known for its genius grants– a.k.a. “Out of the blue–$500,000– no strings attached”– that are given to 20 to 40 individuals each year in recognition of incredible creativity and originality.

Last year, the Foundation started giving out a new award: the international justice award for individuals and organizations that have “been transformative forces in the fields of human rights and international justice.” Diplomat, economist and former UN Secretary-General Kofi Annan was the inaugural recipient. Great guy and all, but not an attorney.

We’re happy to report that an actual lawyer has received the award this year. Congratulations to Justice Richard Goldstone, of South Africa. He gets $100,000 and can recommend non-profit recipients for an additional $500,000.

The MacArthur Foundation’s announcement says Goldstone has received the award for his work as chief prosecutor of the tribunals for Rwanda and the former Yugoslavia, “the first of their kind since Nazi war criminals were tried at Nuremberg following World War II.” He focused on prosecuting top political and military perpetrators and filed genocide and crimes against humanity charges against Bosnian Serb leaders Radovan Karadzic and Ratko Mladic in 1995.

“Since the early 1990s, we have witnessed the emergence of a system of international justice that is growing stronger with each new case tried in a regional court or UN tribunal and with each investigation opened by the International Criminal Court. It has given me tremendous pride and satisfaction to have played a role in ensuring that the perpetrators of mass atrocities have more reason today than ever to fear being brought to justice,” said Goldstone.

Goldstone is no stranger to the U.S. He has taught international law at Harvard, NYU, and Fordham.

See, international law is not completely worthless. It may be worth less than a year in Biglaw, but still…

Justice Richard Goldstone to Receive MacArthur Award for International Justice [MacArthur Foundation Press Release]

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Judge of the Day: Tena Campbell

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contributing to obama.jpgJust a reminder from the Judicial Code of Conduct: “a judge should refrain from political activity.” And clerks too. Duh, right?

Well, Utah’s chief federal judge seems to have “forgotten” about canon 7 in her excitement about Obama. From the Salt Lake Tribune:

Judge Tena Campbell, a President Clinton appointee, donated $100 to the Democratic candidate on Aug. 28, 2007, according to campaign disclosures filed with the Federal Election Commission.

The disclosure lists Campbell’s profession as “lawyer” and her employer the “govtt.” The address listed on the contribution is Campbell’s court chambers.

Sneaky. But not sneaky enough.

It wasn’t her only donation. Campbell contributed multiple times for a total of $300, but only her last donation was made public. Campaigns are not required to release the names of contributors until they donate more than $200.

Whoops.

Obama’s campaign returned the 300 bucks. Nominated to the federal bench by Clinton in 1995, Campbell is Utah’s first female district judge.

Being a Democrat in Utah must be a lonely endeavor. At least she has husband, fellow lawyer and “Missing Witness” author, Gordon Campbell, to keep her company.

Utah judge breaks rule with Obama donation [The Salt Lake Tribune]

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Judges of the Day: Maria Espinosa Dennis and David Miller

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fax machine rage.jpgFlorida judges are starting to get a rep for misbehavin’ here at ATL, from smoking pot in the park to insensitivity on the bench. Now we have two Miami-Dade Circuit judges succumbing to fax machine rage.

From the Miami Herald:

Miami-Dade Circuit Judge Maria Espinosa Dennis says she was battered at the courthouse — by fellow Circuit Judge David Miller. She says Miller was bent out of shape because the fax machine at her office, which his staff sometimes used, was broken.

Dennis, 52, and Miller, 54, both work at 73 W. Flagler St. They had adjacent offices on the fourth floor. Miller initially spoke to Dennis’ bailiff and judicial assistant about the fax machine, then asked to see her.

When she repeated that the machine was out of order, Miller became ”confrontational and told [Dennis] that he felt that he wasn’t getting the full story,” the Oct. 7 police report says. Miller then “charged toward [Dennis], grabbed her by her shoulders and pushed her toward her office in an attempt to close the door behind them.”

Miller and Dennis.jpgThe courthouse police came after someone hit a panic alarm. Judge Miller is not the first Florida judge to bully a female colleague. See former Judge of the Day Jay Spechler.

But that’s a pretty extreme reaction to a broken fax machine. We’re wondering what the “full story” might have been. Did Miller suspect that Dennis “office-spaced” it?

Yet another reason to e-mail rather than fax.

Miami-Dade judge: I was battered by a colleague [Miami Herald]

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Chief Judge ‘Naughty’ Nottingham to Resign?

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Edward Nottingham Judge Edward W Nottingham Abovethelaw Above the Law blog.jpgChief Judge Edward Nottingham is a familiar figure for long-time ATL readers. The Colorado federal judge has starred in past posts such as “Chief Judge Nottingham: Putting the ‘Ho’ in Your Honor?” and “Chief Judge Nottingham Likes Strippers; Handicapped People, Not So Much.”

A quick recap of “Naughty” Nottingham’s misadventures: being too drunk to remember how he spent $3,000 at strip clubs over two days, calling 911 on a paralyzed lawyer in a wheelchair after she confronted him for parking in a handicapped space, and having his name show up on a list of clients of a Denver prostitution business.

Well, he’s back in the news, folks, and though we’ve retired him from Judge of the Day, we’ve decided to give him a nod at the request of many tipsters. The Department of Justice has launched an investigation of “Naughty” for asking a prostitute to lie on his behalf. He wanted her to say they met at a restaurant in Denver and went out a few times and that they were only “good friends.”

From Colorado’s 9news.com:

The woman claims she had sex with Judge Nottingham for $250 to $300 an hour once a week from February 2003 through November 2004 at the former escort agency Bada Bing of Denver….

[T]he former prostitute says Judge Nottingham asked her to help fabricate a story to tell investigators.

“We just decided to agree that we met at a bar. I don’t remember which one. We decided to say that we just, over the years, had become friends and on occasion would go out on dates,” the woman told 9Wants to Know. “The truth is that I met him when I was an escort for an escort service and he did visit me regularly and he did pay to be with me.”

“It just seems ridiculous that someone in his position would ask someone to lie,” the former prostitute said. “He’s there to uphold the law and he’s breaking it.”

Such a sweet sentiment. Obviously, this former prostitute is not a regular reader of our Judge of the Day feature.

Several newspapers have reported that Nottingham is expected to resign any minute now. But as of Monday at noon, the Colorado District Court’s Clerk Office had not heard anything from him.

Government investigating allegations against Nottingham [9news.com]

Earlier: Previous ATL Coverage of Edward Nottingham

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