Given my prior stewardship of Underneath Their Robes, it should come as no surprise that I like my judges to exhibit some humanity. My favorite judges are those with personality, spunk, and a sense of humor, not the judicial automatons who just crank out dry opinions.
Sometimes judges can be, well, all too human. They might make mistakes — such as, for example, letting their lovers take nude photos of them in compromising positions, which then wind up on the internet. But that’s okay — the photos might be embarrassing, but they don’t call into question judicial impartiality or otherwise prevent the judge from serving.
(All the photos might show is that judges like sex — and is there anything wrong with that? As Elie quipped to me this morning, with regard to the Justice Lori Douglas photos, “I’m not worried about the judges who like having sex. I’m worried about the ones who don’t like having sex.”)
Earlier this week, the Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, reminded us that judges are people too — people who still enjoy free speech rights, despite their judicial offices….
Arlen Specter (R-PA), is switching parties. Politico reports:
Republican Sen. Arlen Specter is switching parties so he can run in the Pennsylvania Democratic Senate primary, abandoning his party because he does not want to be “judged by the Pennsylvania Republican primary electorate.”
Specter is the ranking member on the Senate Judiciary Committee (chaired by Patrick Leahy).
It will be interesting to see who replaces him as the Republican leader against future Obama judicial nominations. Orrin Hatch (R-UT) used to chair the committee. John Kyl (R-AZ) has been making a lot of news. Chuck Grassley recently became famous for his stance on banker suicide. Lindsay Graham (R-SC) might be a little young for the post.
The early money on the street is on Kyl. The Republican party seems to be listing right and Kyl has been out in front of that movement.
The back and forth on the Judiciary is important for lawyers (how much fun do you think Elena Kagan is having today), but obviously the bigger news is that Specter could be the 60th Senate vote for the soon-to-be filibuster proof Obama agenda.
The move stands to put the White House’s agenda on a fast track — and to renew hopes among organized labor for the Employee Free Choice Act.
The move also raises the stakes for the resolution of the Minnesota Senate race and may tempt Republicans to drag that fight on further.
Political expediency could be the name of the game for Specter. More details after the jump.
We now yield the floor to Laurie Lin. Who better to report on one of the year’s biggest social events than the writer of Legal Eagle Wedding Watch? Over to you, Laurie.
Ambition and Old Spice wafted sweetly through the air last night at the Federalist Society’s 25th Anniversary Gala at Union Station — a kind of right-wing Golden Globes. Nearly two thousand G-ed up conservative lawyers packed the main hall to hear President George W. Bush blast the Senate on judicial confirmations:
“Today, good men and women nominated to the federal bench are finding that inside the Beltway, too many interpret ‘advise and consent’ to mean ‘search and destroy,’” Bush said.
Tickets to the black-tie affair were $250 — actually $249, because there was a new $1 Madison coin at every place setting — but that was a small price to pay to breathe the same oxygen as Ted Olson, Antonin Scalia, and Laura Ingraham.
More on the conservative legal fabulosity — including pictures of the people who didn’t hide when they saw us coming — after the jump.
It’s tough being a federal judicial nominee. Your entire legal career is gone over with a fine-toothed comb, and every mistake or misstep is brought to light, no matter how minor.
From the ABA Journal:
A lawyer nominated to a federal appeals court was lead attorney on an $8 million appeal that got tossed because the trial transcript was not filed by the deadline.
E. Duncan Getchell Jr. of McGuireWoods asked the Virginia Supreme Court to hear the appeal anyway, but the judges refused, the Virginian-Pilot reports. Getchell’s five-page brief did not explain the reason for the failure, except to say there was a “miscommunication or misunderstanding.”
Perhaps there was a misunderstanding about whether trial counsel or appellate counsel (Getchell) should have filed the transcript. From the Virginian-Pilot:
The fact that Getchell’s firm filed the post-trial motions three weeks after the verdict “kind of suggests the baton was passed,” said William S. Geimer, a professor emeritus at Washington and Lee University Law School who teaches civil procedure.
“It’s definitely the law firm’s responsibility,” Geimer said. “I don’t see any way for the law firm to escape responsibility if it was even partly or jointly responsible for the failure.”
Getchell did not return repeated calls to his office.
Sigh. Too much to write about, not enough time (or energy). We should have written about this on Tuesday. But since we didn’t, we now have the luxury of assembling a post by commenting on what other people have already written — and snarkily noting that they all say the same thing.
It all started with this article from the Washington Post (via the Huffington Post):
It was John G. Roberts Jr., now the chief justice of the United States, who suggested [Harriet] Miers to Bush as a possible Supreme Court justice, according to the [new] book [Dead Certain, an examination of the Bush presidency, by Robert Draper].
Miers, the White House counsel and a Bush loyalist from Texas, did not want the job, but Bush and first lady Laura Bush prevailed on her to accept the nomination, Draper writes.
Sounds juicy, right? But not so fast.
If you’re already familiar with this controversy, you can probably skip the rest of this post. But if not — or if you are, but want some commentary on the commentary — you can read more after the jump.
Ever since our original request for colorful stories about the delicious Nina Totenberg, the doyenne (or maybe the dean?) of the Supreme Court press corps, we’ve experienced an avalanche of anecdotes about this larger-than-life legal journalist.
We still have a few reports in the queue. Here’s the latest contribution:
Any discussion of Totenberg must include John Hockenberry’s recountings of her diva-like attitude around the NPR newsroom. He writes about her in his well-known memoir, Moving Violations. Note that Hockenberry implies Totenberg will ruin the career of anyone who crosses her. [Ed. note: YIKES.]
Go to Amazon and search for “Totenberg” in the book, John Hockenberry, Moving Violations: War Zones, Wheelchairs, and Declarations of Independence. Starting around page 174, you’ll read this…
If you haven’t tired of reading about Ms. Nina — we know we haven’t, but everyone’s different — check out the rest of this post, after the jump.
* When the music stopped, Craig Morford, interim U.S. attorney in Nashville, was left standing. So now Morford must fill Paul McNulty’s uncomfortable shoes as Deputy Attorney General — after several others apparently passed on the job. [Washington Post; New York Times]
* New Jersey lawyer Shalom Stone may need to be as charming as Shalom Harlow to win confirmation to the Third Circuit. [The Hill (ATL shout-out!) via How Appealing]
* Dow Jones director David Li could be in trouble with the SEC. Oh Wells. [DealBreaker]
* Go shorty. [MSNBC]
He’s not a judge yet, so we can’t bestow our coveted Judge of the Day award upon him. But he has secured the Democratic nomination for a judgeship, in Philadelphia — which means he has a decent shot of being elected.
Then again, whether Willie Singletary gets elected to the bench may depend upon how much the electorate appreciates irony. From the Philadelphia Inquirer:
Willie Singletary won a Democratic nomination for Traffic Court last week despite being a scofflaw of major proportions.
As of primary day, Singletary, 26, owed $11,427.50 for 55 violations, including reckless driving, driving without a license, careless driving, driving without registration, and driving without insurance.
In fact, a bench warrant had been issued for his arrest – a fact made public after the election by Bernard Strain, who lost in the Democratic primary for Traffic Court but who won a Republican nomination.
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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