Colorado judge Grafton M. Biddle has been the subject of a prior ATL shout-out. But he has never been officially named a Judge of the Day. We think it’s about time.
From the Rocky Mountain News:
A former Douglas County judge who had an affair with a prosecutor that included a rendezvous in his chambers and in the women’s courthouse showers was suspended for three years Monday.
Grafton M. Biddle’s punishment comes almost a year after he resigned his judgeship in a short Dec. 18 letter signed simply, “With regrets,” that gave no reason for his decision.
But by then, rumors of his affair with Deputy District Attorney Laurie A. Hurst — who used the last name Steinman at the time — had been circulating in the courthouse.
From one of the paper’s online commenters:
“Just another black mark on the Colorado Judicial System…… Would this be prostitution??? You know, lawyers have billable hours for everything they do… Screw the judge or screw the neighbors… Someone is paying the price for getting screwed, and an attorney is involved.”
This episode gives new meaning to the term “flip phone.” A cell phone that went off during court proceedings caused one judge to, well, flip out. From the NYT’s City Room blog:
The next time you pass through the city court system in Niagara Falls, N.Y., remember to turn your cellphone off.
Today, the Commission on Judicial Conduct recommended the removal of a judge in Niagara Falls City Court who had, what the commission’s chairman, Raoul L. Felder, called, “two hours of inexplicable madness” when a cellphone rang in his courtroom.
Specifically, on the morning of March 11, 2005, the judge, Robert M. Restaino, was presiding over a slate of domestic violence cases when he heard a phone ring in his courtroom. He told the roughly 70 people in the courtroom, according to the commission’s report, that “every single person is going to jail in this courtroom” unless the phone was turned over.
Look, we hate cellphones ringing at inappropriate times as much as the next guy. But was Judge Restaino’s reaction a tad over the top? We suggest — with respect, Your Honor — that you’re a few beeps short of a ringtone.
Read what happened next, after the jump.
On some days, the posts just write themselves. From Blogonaut:
James Michael Shull is no longer a Virginia Judge, thanks to the decision of the Virginia Supreme Court that unanimously upheld his removal from the bench.
Shull’s misconduct on the bench included ordering a woman to pull down her pants in open court during a hearing—ostensibly to view a claimed injury—exposing everything not covered by a pair of g-string panties the woman was wearing.
If she was humiliated, she deserved it. What was she doing in a g-string? Everyone knows that acceptable courtroom attire is a sober black skirt suit — with granny panties underneath.
Schull also decided child custody matters by tossing a coin in the air, initiated ex-parte contact with witnesses outside the presence of the attorneys for either side in a dispute, and was discourteous to litigants.
Hello and good morning everyone. This is Billy Merck once again (yes, yes, “we hate you” and so forth; get it all out on the first post), filling in for Lat today. Don’t worry, we’re still going to be on the lookout for associate bonus announcements, so send them in if they happen and we’ll get them up pronto.
But we don’t know of any new announcements yet this morning, so we’ll start with an update on your favorite Nevada state judge, the immeasurable Elizabeth Halverson.
Yesterday the Nevada Supreme Court upheld an interim suspension of Judge Halverson by the Nevada Commission on Judicial Discipline. The slip opinion can be accessed here.
Our favorite part is the section dealing with Halverson’s propensity for falling asleep on the bench:
The deputy district attorney in the child molestation case testified that Judge Halverson had fallen asleep on the bench during the trial testimony before the jury. According to this witness, by that time, Judge Halverson had generated a reputation for falling asleep on the bench. Additionally, Judge Halverson’s former bailiff testified that Judge Halverson fell asleep on the bench virtually every day. Although the former JEA’s testimony did not reflect that Judge Halverson consistently slept while on the bench, the former JEA did testify that she had seen Judge Halverson dozing on a few occasions, and that on one occasion, she was called in by the former bailiff and a former court clerk because they could not awaken her.
With respect to this one occasion, the former bailiff and former JEA gave differing accounts as to Judge Halverson’s views on why she had fallen asleep. The former bailiff testified that she claimed that her blood pressure “must be going up” and that she “did not feel well.” The former JEA testified that Judge Halverson blamed the problem on medication “that did not agree with her” and also on the former JEA’s failure to “let her take a long enough nap” in chambers before trial proceedings recommenced. Judge Halverson did not testify at the hearing, but she did submit an affidavit to the Commission, which indicated that she lapsed into slumber on one occasion because of low blood sugar arising from her diabetes and her failure to eat. Although the record demonstrates that the occasion of sleeping described in Judge Halverson’s affidavit did not occur during the criminal trial, as depicted by the deputy district attorney, the record does not specify whether or not this instance of sleeping was the same as that described by Judge Halverson’s former staff.
The only testimony contradicting the testimony about Judge Halverson’s propensity to sleep while on the bench was the statement given by the JEA working for Judge Halverson at the time of the hearing that, in her two months with the judge, she had never seen the judge fall asleep on the bench.
The Commission’s written order noted that one confirmed occasion of falling asleep on its own would not warrant an interim suspension, but that when added to the other conduct, her sleep issues formed part of the basis for its decision. Additionally, the Commission noted that although a physical reason could explain Judge Halverson’s sleep issues, the judge had not offered any proof regarding the possible etiology of this tendency.
Come on, Halverson, don’t let pride make a fool of you. We suspect there are “physical reasons” for most of your difficulties. You should have embraced this as an ADA case, and you probably would’ve been able to stay on the bench.
As it is, you’re just obnoxious and large, and most definitely not in charge. Prior ATL Halverson coverage Slip opinion upholding Halverson’s suspension [Nevada Supreme Court (PDF)]
One of the perks of being a judge is that everyone has to laugh at your jokes. Except when they’re in poor taste and arguably offensive.
If you’re going to make an attempt at humor in the courtroom, proceed with caution — even if you’re the one wearing the robe. From Rumpole (via S.D. Fla. Blog):
Well, those fine folks North Of the Border have done it again.
This time it is Circuit Court Judge Jeffrey Levenson, who put his robed foot in his mouth by making an inappropriate joke about the Defendant in a sexual battery case during the charge conference….
To summarize, apparently the Defendant is a high school football player, and the case involved the allegation of illegal sexual contact with another male. Judge Levenson asked what position the defendant played. He was told “linebacker” and another person in the courtroom said “Tight End” at which point Judge Levenson said “Wide Receiver?”
When a local judge laughingly said in open court that criminal defense lawyer Ruth Boyer had “a nice butt,” she was not flattered.
The sexist comment by LaGrange Town Justice Edmund Caplicki, made in July 2005, was reported to the state Commission on Judicial Conduct, which yesterday publicly scolded the jurist for his “inappropriate” remark.
Caplicki, 62, told the watchdog group he was merely parroting the comments Boyer’s client – a man accused of theft – had made about the lawyer’s backside. But the panel noted the jurist not only quizzed three other male defendants on whether they agreed with the evaluation, but then mentioned it again to Boyer….
Boyer’s supervisor at the Dutchess County Public Defender’s office had the incident reported to the commission. Friends described Boyer, 42, as being anything but thin-skinned. “She has a very cordial, respectful and diplomatic approach to everything,” an assistant at Boyer’s law office, Larry Clark, told the Daily News. “It’s very hard to get a rise out of her.”
How have we not heard of her before? She’s fabulous! And for reasons that will soon become obvious, a Pennsylvania state court jurist, Luzerne County Judge Ann Lokuta, is today’s Judge of the Day.
From the Citizens Voice:
A former intern of Luzerne County Judge Ann Lokuta testified tonight the jurist called her a tramp for wearing a sleeveless shirt to work.
Rebecca Sammon took the stand in Lokuta’s misconduct trial and described another incident where Lokuta yelled at her for being nice on the phone.
Awesome. And there’s more:
Prothonotory Jill Moran testified lawyers got yelled at for clicking pens or writing too loudly in Lokuta’s courtroom. Prothonotary clerk Maura Cusick said Lokuta was either a good judge or a wicked judge.
A dichotomy couldn’t be more false: a wicked judge IS a good judge. The Honorable Ann Lokuta is a delicious judicial diva.
[Ed. note: Yes, we just learned what "prothonotary" means too. See here.]
More obscure terms for judicial staff members, after the jump.
Oooh boy. What is it about jurists with the surname “Thomas”?
More lurid allegations are being made against Judge Herman Thomas, the Alabama state court judge who allegedly likes to spank male prisoners. From the Mobile Press-Register:
In affidavits filed in support of Michael Dewayne Anderson’s 2003 federal suit against Mobile County Circuit Judge Herman Thomas, three men made similar accusations about Thomas.
John Richardson said he saw Thomas “constantly” driving up his block to pick up a neighbor. That neighbor, Richardson said, “told me that as long as he plays the sex game with Judge Thomas, he wouldn’t have to worry about staying in jail.”
Nathaniel Agee said Thomas “inflicted burden and humiliation in my life.”
“Herman and I started off going fishing together, hanging out together. He would even drop by my house early some morning(s), and say he wanted to talk.”
Brokeback Pond? Apparently so:
Thomas increased the visits to his home, Agee said, “but when he found out my children were there, he started to become angry because we couldn’t be alone with each other. I tried to explain to Judge Thomas that it was all right to be friends and hang out, but I’m not into sexual relationships with a man.”
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.