The latest item for Eyes of the Law, our legal celebrity sightings column, is a doozy. From the AP:
Rock band Bon Jovi, Harrisburg restaurants and school bands from all over the state were part of yesterday’s daylong celebration of Pennsylvania Governor Ed Rendell’s inauguration for a second term….
Even more talented than Rendell was his wife, Midge Rendell [aka Third Circuit Judge Marjorie O. Rendell], who capped the concert by singing a duet with rock star Jon Bon Jovi of “Who Says You Can’t Go Home?”
The performance brought the night’s first standing ovation. Rendell ambled up on stage afterward and marveled that no other first lady could sing with Bon Jovi.
“Take that Maria Shriver,” he bellowed, referring to the wife of California Gov. Arnold Schwarzenegger.
Please correct us if we’re wrong. But this is, as far as we know, the first time a federal circuit judge has sung a duet with Jon Bon Jovi.*
In addition to her musical prowess, the Honorable Marjorie Rendell also deserves props for being the Stylish Marjorie Rendell.
The attractive Judge Rendell, a federal judicial hottie, wore a gown by noted designer Paula Hian to the inauguration festivities.
For hard-core fashionistas, a lengthy description of the frock appears after the jump.
* “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]
Federal 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.
* 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]
* Jury selection begins in Atlanta courthouse shooting case. [Fulton County Daily Report ]
* Jury rocks State Farm like a hurricane (complete with both wind and storm surge damage), awards $2.5 million in punitive damages. [CNN]
* Houses passes stem cell bill; President promises a veto. [Jurist]
* Second rule of Fight Club: Don’t film Fight Club and sell copies on the internet. [FindLaw]
* You Kidds play nice.[ABC]
* Federal court lets the Alpha Dog out. [AP via How Appealing]
* The negligence causation standard is the same under FELA for railroad negligence and employee contributory negligence. Norfolk Southern v. Sorrell. [U.S. Supreme Court (PDF)]
* Execution in Oklahoma first of the year in the U.S. [Jurist]
* iSuit. [Associated Press; WSJ Law Blog]
* House passes minimum wage increase. [AP via Yahoo!]
* What the world really needs more than another lawyer is another talk-show host. Also, is it just me, or do you think Eva Longoria should play Jeanine Pirro in a Lifetime movie once she’s all washed up? [New York Post]
* Ethics CLE credit is notoriously hard to come by, but the lucky attorneys of Virginia get a go at four whole hours of it, by sitting through what will no doubt amount to a slightly more polished version of your law school’s annual talent show. [American Constitution Society For Law and Policy Blog]
* Film Producer Carlo Ponti, who started out as a lawyer, has died. Perhaps in your future also lie multiple affairs with hot Italian actresses and a long, albeit briefly bigamous, marriage to none other than the luscious Sophia Loren. [AP via New York Times]
* No word on any pending legislation regarding public urination though. [Sun Herald]
* Despite the well-timed Donald/Rosie debacle, there doesn’t seem to be that much interest in Season 6 of The Apprentice, even though this season features 6 attorneys. And Ivanka. Go figure. [Althouse]
The Civil Rights Division of the Justice Department — one of the DOJ’s most important arms, charged with enforcing our nation’s anti-discrimination laws — has been experiencing some upheaval over the past few years. Several articles in the Washington Post have examined some of the conflicts within the division. See, e.g., here, here, and here.
We’ve learned that Democrats on the Senate Judiciary Committee may be taking a closer look at what’s going on over at the Civil Rights Division. And when they do, some of their attention may focus on the Special Litigation Section, headed by Shanetta Y. Cutlar.
Here’s an explanation of the Section’s mission, from its website:
[The Section is] charged with enforcing federal civil rights statutes in four major areas: Civil Rights of Institutionalized Persons, Conduct of Law Enforcement Agencies, Access to Reproductive Health Clinics and places of Religious Worship, and Religious Exercise of Institutionalized Persons. The Section undertakes investigations and litigation through the United States and its territories.
The Section Chief is Shanetta Cutlar, an award-winning litigatrix. And even though some attorneys and staff members have alleged that she’s “abusive” — what a subjective word! — Cutlar is a woman after our own heart. There’s nothing we love more than a high-powered female who takes charge of a situation and demands respect from her subordinates. We adore women in leadership roles who follow the teaching of Machiavelli: “[I]t is far safer to be feared than loved.”
A former attorney in the Special Litigation Section, Ty Clevenger — a Stanford Law grad and former law clerk to the highly esteemedJudge Morris Arnold (8th Cir.) — had some issues with Cutlar and how she ran the Section. Last fall, Clevenger sent a letter to Deputy Attorney General Paul J. McNulty. Clevenger alleged that Cutlar — whom he described as “extremely intelligent” and “very charming,” but also “a Jekyll and Hyde personality” — created an “atmosphere of fear and paranoia” within the Section.
On October 4, 2006, Ty Clevenger sent his letter to McNulty. Clevenger’s office was searched overnight, and he was fired the next day. He is in the process of filing a whistleblower complaint.
Here’s the first page of Clevenger’s letter to the DAG:
There’s more. Juicy details about La Shanetta’s alleged behavior are described in the rest of Ty Clevenger’s letter. The letter has been distributed to all the Democrats on the Senate Judiciary Committee (with supporting documentation).
We reprint the entire Clevenger letter, which a source helpfully leaked provided to us, after the jump.
Here is some late-breaking judicial nomination news:
1. An update to our prior coverage of the withdrawal of the “Radioactive Four.” As one of you points out, it seems that Judge Terrence Boyle (E.D.N.C.), nominated to the Fourth Circuit, wanted to continue fighting.
From the latest version of the AP story:
William Haynes, William G. Myers III and Michael Wallace all asked to have their appointments withdrawn, these officials said. Judge Terrence Boyle was informed of the White House’s decision, according to an ally….
Lars H. Liebeler, a Washington lawyer, said in a telephone interview that Boyle, unlike Wallace, Haynes and Myers, did not submitted a letter asking to be withdrawn but was told of the president’s intentions.
This makes some sense. Considering that Judge Boyle (above right) is (1) 61 years old and (2) already a sitting federal judge, he’s not really going anywhere — and he doesn’t have much to lose from further fighting. But the White House apparently decided that continuing to push his nomination, in a Senate controlled by the Democrats, wasn’t worth the possible loss of face (or expenditure of political capital).
2. The White House released two more slates of judicial nominees today. See here and here.
The most notable and/or controversial nominees:
(b) Peter Keisler (OT 1988/Kennedy), renominated to the D.C. Circuit, who isn’t problematic personally, but has a “seat issue” (for years Republicans were saying that the last seat on the D.C. Circuit is unnecessary);
(d) James Rogan, renominated to the Central District of California, who once served as a floor manager in the Clinton impeachment fight, back when he was in the House of Representatives.
Last Friday night, we attended a Yale Law School alumni dinner here in Washington, at Acadiana restaurant. It was timed to coincide with the big AALS conference of law professors in DC, since so many YLS alums are in legal academia.
The keynote speaker at the dinner was Professor Heather Gerken, who was snatched up from Harvard by Yale last year. She gave an interesting talk about her proposal for a “Democracy Index,” a national system for ranking the election-law practices of the different states. (We won’t repeat her remarks here, since Professor Gerken’s proposal is laid out in detail in her Legal Times commentary.)
Before Professor Gerken spoke, the audience was addressed by Dean Harold Hongju Koh. He updated us about recent developments at the law school, and gave the standard spiel about the brilliance and diversity of Yale’s first-year class.
(In case you’re wondering, the Yale 1Ls have a median GPA of 3.91. Their ranks include oodles of Rhodes Scholars, Marshall Scholars… and a massage therapist. You can have the Rhodies, the whole lot of ‘em; just give us the massage therapist.)
Dean Koh also delivered remarks that could be viewed as part of his new charm offensive: an attempt to reach out to YLS conservatives, in the wake of some criticism onthatfront.
Some random photos — plus very surprising news about Justice Clarence Thomas and Yale Law School, the alma mater he’s had a rocky relationship with — 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.
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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The latest item for Eyes of the Law, our legal celebrity sightings column, is a doozy. From the AP:
