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Jerry Seinfeld comedian.jpgIt’s not as awful as being recorded on video using racial epithets. But this must still be pretty embarrassing for comedian Jerry Seinfeld:

Supreme Court Justice Rolando T. Acosta has ruled that Seinfeld must pay a real-estate broker a commission of at least $98,750 for the $3.95 million townhouse he and his wife purchased in 2005.

Seinfeld had testified that the broker, Tamara Cohen, did not deserve the payment, as she had not been available when he and his wife, Jessica, wanted to see the West 82nd Street home. The Seinfelds also testified that they did not know that the reason Cohen did not return their calls was that she was an observant Jew and observed the Sabbath.

Acosta held that, notwithstanding Cohen’s failure to immediately return the Seinfelds’ calls, “[T]he evidence clearly indicates that she served as the Seinfelds’ real estate broker.”

It’s too bad “Seinfeld” isn’t still on the air. We could easily see this scenario — a real estate broker failing to return calls promptly because she’s a Sabbath observer — turning into a plot line.
(Actually, we wouldn’t be surprised to see it turn up in the next season of “Curb Your Enthusiasm.” This is something we could totally see Larry David getting irate over. ‘Cause he gets irate over everything.)
Comedian Seinfeld Ordered to Pay Real Estate Broker Fee [New York Law Journal via Law.com]

Bill Clinton William Jefferson Clinton behind bars.jpgThe Drudge Report headline blared, “Michigan Law: Adultery could lead to life in prison!” Fearing that Bill Clinton might be eligible for the death penalty — he’s been on our mind, since we rented Primary Colors yesterday — we clicked through to the underlying article, from the Detroit Free Press.

In a ruling sure to make philandering spouses squirm, Michigan’s second-highest court says that anyone involved in an extramarital fling can be prosecuted for first-degree criminal sexual conduct, a felony punishable by up to life in prison.

“We cannot help but question whether the Legislature actually intended the result we reach here today,” Judge William Murphy wrote in November for a unanimous Court of Appeals panel, “but we are curtailed by the language of the statute from reaching any other conclusion.”

And then the Free Press got catty:

No one expects prosecutors to declare open season on cheating spouses. The ruling is especially awkward for Attorney General Mike Cox…. In November 2005, Cox confessed to an adulterous relationship.

The AG’s office didn’t take kindly to the snark:

Cox’s spokesman, Rusty Hills, bristled at the suggestion that Cox or anyone else in his circumstances could face prosecution.

“To even ask about this borders on the nutty,” Hills told me in a phone interview Saturday. “Nobody connects the attorney general with this — N-O-B-O-D-Y — and anybody who thinks otherwise is hallucinogenic.”

Hills said Sunday that Cox did not want to comment.

Finally, this struck us as strange. When was the last time you heard of a sitting judge discussing an appellate panel’s deliberations with a news outlet, concerning a case that’s still pending in the courts? (The defendant is seeking leave to appeal from the Michigan Supreme Court.)

Chief Court of Appeals Judge William Whitbeck, who signed the opinion along with [Judge William] Murphy and Judge Michael Smolenski, said that Cox’s confessed adultery never came up during their discussions of the case.

“I never thought of it, and I’m confident that it was not something Judge Murphy or Judge Smolenski had in mind,” Whitbeck told me Friday.

But he chuckled uncomfortably when I asked if the hypothetical described in Murphy’s opinion couldn’t be cited as justification for bringing first-degree criminal sexual conduct charges against the attorney general.

“Well, yeah,” he said.

Adultery could mean life, court finds [Detroit Free Press via Drudge Report]

Legal Eagle Wedding Watch NYT wedding announcements Above the Law.jpgWe’ve named all the winners in Legal Eagle Wedding Watch for the month of December 2006. So now it’s time to vote for the December “Couple of the Month.”
We expect this to be a highly competitive contest. There were actually five wedding weekends in December, and in one of the weeks, we had a tie. So there are no fewer than six couples in competition, with similar overall scores (two 8.90s, two 8.75s, one 8.70, and one 8.37).
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:


To check out the field one more time, look at their profiles, which appear after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch: December 2006 Couple of the Month”

* “Utah’s highest court says don’t diss the judiciary, or else it might diss-miss your case.” [How Appealing]
* Major legal issues continue to arise at Gitmo. [Washington Post]
* Libby trial jury selection should take a few quick…months. [MSNBC]
* Should district judges appoint prosecutors? [New York Times via Concurring Opinions]
* North Carolina’s Attorney General, Roy Cooper, answers Mike Nifong’s cry for help. [New York Times]

Borat Above the Law Legal Blog Law Gossip Borat.JPGJust a few minutes ago, Sacha Baron Cohen — who is surprisingly good-looking without the goofy Borat hair and moustache — accepted a Golden Globe Award for Best Actor (Motion Picture – Musical or Comedy).
The final line of his acceptance speech:

“I’d like to thank everyone who has not sued me.”

(Random observation: Given his Cambridge education, we were expecting Baron Cohen’s British accent to sound more “upper-crusty.”)
Earlier: Prior ATL coverage of Borat-related litigation (scroll down)

Deborah Cook Deborah L Cook Judge Deborah Cook 6th Circuit Sixth Circuit.gifFederal judges represent some of the best and brightest minds the legal profession has to offer. Although there are exceptions, federal judges generally have incredible credentials and adhere to the highest ethical standards.
In contrast, state court judges tend to be icky. When you read in the news about a judge who sexually harassed a secretary, got arrested for drunk driving, or used a penis pump behind the bench, the odds are high that it will be a state rather than federal judge.
When a former state judge gets confirmed to a federal judgeship — as is increasingly the case, since state court judges are often “safe” picks in these politically charged times — does she shed her icky ways?
Not necessarily. Consider the tale of Judge Deborah L. Cook, a member of the Sixth Circuit since 2003. From Muckraker/CIR:

A federal judge identified by the Center for Investigative Reporting for making campaign contributions while on the bench has apologized for violating the judicial code of conduct.

Judge Deborah L. Cook of Ohio made two political donations after she was appointed by President Bush to the 6th U.S. Circuit Court of Appeals in 2003. A CIR report and story for Salon.com on Oct. 31 revealed that both Cook and a Clinton-appointed judge, Dean D. Pregerson of California, had apparently given campaign contributions, though federal judges are prohibited from doing so.

A pretty dumb-ass mistake. The limitations upon political activity by members of the judicial branch are familiar even to rookie law clerks. It’s something you learn about at clerk orientation.
Ah, orientation — that’s where Judge Cook lays the blame for her mistake:

“I violated this proscription against federal judges making political contributions early in what I hope will be a long tenure,” Cook wrote in her letter of apology [to Chief Judge Danny Boggs], which was filed with Judge Boggs’ order [resolving the complaint]. “Though not an excuse, my misstep here resulted from habit and a lack of awareness of the prohibition.”

Cook wrote that she was used to making contributions as a state judge. According to her letter, she did not attend the “New Judges School” after she was confirmed as a federal judge and “thus missed being alerted there to the federal canon.” The “Baby Judges School,” as it is often called by judges, is a non-mandatory training and orientation for newly appointed judges.

“Baby Judges School”: Ignore it at your peril.
A little bit more, after the jump.

double red triangle arrows Continue reading “Judge of the Day: Deborah Cook”

Martin Luther King Jr Dr Rev.jpgAs one of you points out, today is the birthday of Dr. Martin Luther King, Jr., the pioneering civil rights leader.
Many of you are not in the office today, in honor of the holiday. If you’re not at work, we hope that you are enjoying the day off. (We are in the “office,” but will be posting less than usual.)
If you are looking for something to do, we suggest that you follow the recommendation of the Washington Post, and treat today as an opportunity for public service. You can look up a service project in your area at MLKDay.gov.
Happy Martin Luther King Jr. Day!
Update: Over at Public Defender Stuff, there’s a special MLK Day Edition of the Blawg Review (#91, for those of you keeping score at home).
Martin Luther King Jr. Day [Washington Post]
Martin Luther King, Jr. Day of Service [MLKDay.gov]

Morning Docket: 01.15.07

* So apparently the feds knew about law firm bonuses before ATL. [MSNBC]
* Guess which party just picked up two swing states. [CNN]
* Shutting down YouTube: the ultimate jealous boyfriend move. [MSNBC]
* OJ’s money is going nowhere for now. [AP]
* Federal court allows suit against Vatican. [MSNBC]

Donald Stout house Blackbery RIM NTP NPT.JPG* Over at the Justice Department, the bad-ass Shanetta Cutlar, Chief of the Special Litigation Section of the Civil Rights Division, takes no prisoners.
* Not even summer interns can escape her wrath.
* But hey, at least they get to go back to school. Full-time attorneys can escape only by leaving the Section — provided that Shanetta doesn’t get to them first.
* Speaking of job changes, meet your new White House counsel: Fred Fielding, of Wiley Rein & Fielding (who served as White House counsel under President Reagan).
* Next time you go out for pizza, leave the corporate lawyers at home.
* Pentagon official Charles Stimson doesn’t like how Guantanamo Bay detainees are getting pro bono representation from some of the country’s top law firms. Don’t they have better things to be doing with their pro bono time?
* Michael Nifong manages a Houdini-like escape from the debacle known as the Duke lacrosse team rape case.
* Celebrity law professors Noah Feldman and Jeannie Suk, whom you have just dubbed Feldsuk, have a really nice house.
* But not as nice as the $7 million mansion of patent lawyer Donald Stout (aerial view at right).
* Federal judicial nominees: Out with the old, in with the new.
* Chief Judge Michael Boudin (1st Cir.): You like him, you really like him.
* Maybe it’s because he’s such a big feeder judge. Interestingly enough, though, he has only placed one clerk so far at the Supreme Court for October Term 2007.*
(But Chief Judge Boudin feeds mostly to Justice Breyer and Justice Souter. The former isn’t finished hiring yet, and the latter hasn’t even started.)

charles stimson charles d stimson.jpgOne of you thinks that this news warrants a Saturday post. And we see your point.*
The article in question is running on the front page of the New York Times, above the fold. So, from the NYT:

The senior Pentagon official in charge of military detainees suspected of terrorism said in an interview this week that he was dismayed that lawyers at many of the nation’s top firms were representing prisoners at Guantánamo Bay, Cuba, and that the firms’ corporate clients should consider ending their business ties.

The comments by Charles D. Stimson, the deputy assistant secretary of defense for detainee affairs, produced an instant torrent of anger from lawyers, legal ethics specialists and bar association officials, who said Friday that his comments were repellent and displayed an ignorance of the duties of lawyers to represent people in legal trouble….

When asked in the radio interview who was paying for the legal representation, Mr. Stimson replied: “It’s not clear, is it? Some will maintain that they are doing it out of the goodness of their heart, that they’re doing it pro bono, and I suspect they are; others are receiving moneys from who knows where, and I’d be curious to have them explain that.”

Props to this Charles Stimson fellow. Even if his views may be completely misguided, we like anyone who stirs up a s**tstorm.
Discussion continues after the jump.

double red triangle arrows Continue reading “Make the Gitmo Detainees Pay for Their Own Damn Photocopies”

Mike Nifong Michael Nifong Michael B Nifong Durham District Attorney.JPGBig news in the Duke lacrosse team rape sexual assault and kidnapping case. From ABC News:

District Attorney Mike Nifong has requested that he have himself removed from prosecuting the Duke Lacrosse rape investigation, ABC News has learned.

A source close to the investigation said Nifong sent a letter to North Carolina Attorney General Roy Cooper asking his office to assume responsibility of the case. Calls to the Attorney General’s office and Mike Nifong’s office were not yet returned.

Smart guy, that Nifong. We wouldn’t want to prosecute this case either.
And from the New York Times:

“Michael B. Nifong, the Durham district attorney, faxed the request to Jim Coman, head of the state attorney general’s special prosecution unit, today, the official said. Mr. Nifong decided he had no choice but to hand off the case because he faces a conflict of interest with ethics charges pending against him for his public comments on the case, the official said….”

“The official said the attorney general’s office was expected to accept the referral. But the fate of the case is uncertain: Many experts wonder if the attorney general or another prosecutor will quickly drop the charges after assessing weaknesses in the credibility of the accuser….”

This exit strategy isn’t half-bad. Mike Nifong has turned lemons (ethics charges) into lemonade (escape from a sinking ship).
(What are Nifong’s thoughts on Iraq?)
DA in Duke Rape Case Asks to Be Taken off Case [ABC News via Drudge Report (w/siren)]
Prosecutor Asks State to Take Over Duke Case [New York Times]
Update (5:57 PM): Matt Drudge has downgraded this story by removing the siren.
Earlier: You Don’t Say: Duke Accuser Contradicts Herself

Non-Sequiturs: 01.12.07

* The Snark’s spin on Plus ça change…. [New York Lawyer]
(Yes, New York Lawyer is a registration-only site, but The Snark may be worth it; if you are not as thirsty for funny as I am, then check out the The Daily Report, where The Snark’s weekly column is freely available a week after it is published.)
* As you regular readers no doubt know, we here at ATL enjoy our celeb gossip. But this time, it’s your fault if I say “big lips” and you think Angelina. [AP via Racialicious]
* This deserves more than a N-S mention, but the disparity between executive compensation and minimum wage, with the periodic efforts to pre-empt an uprising of the working man “narrow” the gap, depresses me too much to go on. [Workplace Prof Blog]
* When I think criminal defense, I think The Practice. And yummy Dylan McDermott. And then I stop thinking altogether. But surely, this PD’s job is better than “doing hair.” [Audacity]

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