- Crime, Education / Schools, Jeffrey Epstein, Judicial Nominations, Morning Docket, Munger Tolles & Olson
* The Quinnipiac Law School registrar might be headed to the pokey on mortgage fraud charges. Add/Drop is now… CLOSED!!!!! No idea what that means. [Hartford Courant]
* Law prof Liu lingers in limbo. Liberals loathe legislative logjam. Lumpy loofah. [Diverse: Issues in Higher Education]
* You’re riding high, working for a prestigious law firm that handles collections, when WHAMO… you’re out 300 large. [ABA Journal]
* Several states are considering laws that would make it more difficult for college students and others to vote. College students fire back that they’re not going to take this lying down. But they’re going to get a little high first. [Washington Post]
- 9th Circuit, Alex Kozinski, Federal Judges, Free Speech, Judicial Nominations, Legal Ethics, Politics
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….
- Conferences / Symposia, Federal Judges, Gay, Judicial Nominations, Lesbians, Politics, Senate Judiciary Committee, State Judges
(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.
* Apparently the President of the United States is somehow involved in the judicial nomination process. [The Weekly Standard via How Appealing]
* Too much litigation? Blame all those conservative trial lawyers. [WSJ Law Blog]
* Vick’s state trial date will be set today. [Atlanta Journal-Constitution]
* Nevada tries to smoke out some justice. [Reno Gazette-Journal]
* How tough can you be on protestors at a free speech debate? [BBC]
- 11th Circuit, Alex Kozinski, Clarence Thomas, Department of Justice, Eugene Volokh, Fabulosity, Federalist Society, Judicial Nominations, Kevin Newsom, Parties, Pictures, Samuel Alito, SCOTUS, Ted Olson, William Pryor
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.
The Fourth Circuit has been shorthanded for a while now. And with the nomination of Duncan Getchell, that probably won’t be changing anytime soon.
(Not necessarily because of this procedural snafu, but because Getchell’s two home-state senators — John Warner (R) and Jim Webb (D) — don’t seem to be backing his nomination.)
Costly Error Linked to 4th Circuit Nominee [ABA Journal via Blogonaut]
Error in major case tied to federal judge nominee [Virginian-Pilot via How Appealing]
E. Duncan Getchell Jr. bio [McGuire Woods]