* It’s all about the benjamins, baby. Bonus season is upon us. And we’re standing by to broadcast every move. So please email us with any news, rumors, and leaked memos about bonuses.
* Truthful tips are especially welcome. Look for the first wave of bonus announcements in the coming week.
* And check out the most anal retention letter ever.
* In non-Biglaw developments, it was a busy week for the Supreme Court. They heard all about EPA regulatory discretion, the Federal Circuit’s recondite jurisprudence, and other fun topics.
* On tap for the SCOTUS: Ken Starr and a bizarrely fascinating case. It’s like Bill ‘n Monica, all over again. But is it sexy enough for same-day audio-cast? Probably not.
* Meanwhile, on Capitol Hill, the imminent Democratic takeover is already being felt at the Senate Judiciary Committee. The big white-collar shops are eagerly anticipating lots of new business.
* Speaking of elections, please cast your vote for November 2006 Couple of the Month. And if you’re an NYU Law School student, please forward us the results of voting in the 3L hottie contest.
* In federal appellate judge news, Judge Morris Arnold is recovering nicely, Judge Richard Posner is getting testy, and Judge Frank Easterbrook is now Chief Judge Frank Easterbrook.
* And over in the district court, Judge Lee Rosenthal (S.D. Tex.) is probably out of the running for a promotion to the Fifth Circuit (despite being very highly regarded).
* Finally, in state court land, some judges are getting a little big for their britches robes. They’re mouthing off, railing against immigrants, and making spectacles of themselves. Pipe down, Your Honors, and stay out of trouble.
State Judges Are Clowns
- 5th Circuit, 7th Circuit, Biglaw, Bonuses, Books, Frank Easterbrook, Hotties, Judicial Nominations, Lee Rosenthal, Money, Morris Arnold, NYU Law School, Politics, Richard Posner, SCOTUS, Senate Judiciary Committee, Sex, State Judges, State Judges Are Clowns, Supreme Court, Weddings, Week in Review
ATL Week in Review: November 27 – December 1
By David Lat- Bill Mathesius, Death Penalty, James M. Brooks, Judge of the Day, Lunacy, New Jersey, Richard Posner, State Judges, State Judges Are Clowns
Judges of the Day: Wilbur Mathesius and James Brooks
By David LatToday we have TWO judges of the day. Both win the prize for their honesty and fearlessness. These jurists aren’t afraid to speak their minds, and for that we salute them.
First, there’s Judge James Brooks, of “the O.C.” — Orange County, California.
An Orange County judge with a sharp tongue and a history of making insensitive comments about ethnic minorities was publicly admonished by the Commission on Judicial Performance.
The commission cited [a] contempt hearing where litigant Arnold McMahon told Brooks that he didn’t attend a scheduled Oct. 15 deposition because he had gone to the hospital with chest pains.
“Gee,” Brooks responded. “I wonder what’s going to happen when we put you in jail, Mr. McMahon. Your little ticker might stop, you think?”
Come now — that’s a bit tepid. We’ve heard harsher words from federal appellate judges at oral argument. This was more compelling:
[T]he commission noted that Brooks had been privately chastised three times since 1996 for similar conduct. The commission-cited punishments include: a 1996 advisory letter for referring to Hispanic defendants as “Pedro,” and issuing a bench warrant for an Asian defendant for “ten thousand dollars or twenty thousand yen”…
Second, there’s Judge Wilbur Mathesius, a Superior Court judge in Mercer County, New Jersey.
New Jersey’s Supreme Court on Thursday handed Judge Wilbur Mathesius a one-month suspension without pay for making shoot-from-the hip comments that undermined the judicial system….
[Judge Mathesius allegedly] berated a jury for acquitting a defendant of illegal handgun possession. According to the complaint, Mathesius went to the jury room and said, “What the hell were you thinking?” He then told the jurors the defendant had a prior criminal record and chose to not testify because of that record; that another witness would have testified for the prosecution had he not been threatened; and that the prosecution’s principal witness was the most credible he had ever seen.
This was only one of several incidents for which Judge Mathesius was disciplined. He also made some over-the-top comments about the death penalty. When criticized for these comments before the New Jersey Supreme Court, he responded as follows:
Mathesius observ[ed] that Seventh U.S. Circuit Court of Appeals Judge Richard Posner “has written on many of the same subjects,” [and Mathesius] suggested that members of the New Jersey judiciary do the same.
Judge Mathesius, we know Judge Richard Posner. We have corresponded with Richard Posner. And you, sir, are no Richard Posner.
You are a state court judge. In the trial court. In New Jersey. In a word: ICKY.
(We mean no disrespect to the Garden State, from which we hail. But the “state court” and “trial court” aspects are proper subjects of disdain.)
Vociferous Judge Is Suspended a Month Without Pay [New Jersey Law Journal]
Judge Scolded for Insensitive Remarks [NYLawyer.com]
Most judges exhibit an excess of caution in their out-of-court comments. While understandable, given judicial ethics and decorum, it’s disappointing (at least to those of us who write about the judiciary). When judges do speak out, the results can be both informative and entertaining.
Consider the literary exploits of Judge John H. Wilson, a criminal court judge in Brooklyn, New York. From the New York Daily News:
Criminal Court Judge John Wilson’s “Hot House Flowers” warns of “effects of unregulated immigration” in a plot line about beautiful flowers that wither when dandelions sneak into their greenhouse.
“It’s intended to describe defense of home and defense of country, and the reasons for that defense,” said Wilson, who self-published the book, listed on Amazon.com at $15.99.
The story tells of jealous weeds that hog all the water and soil in the greenhouse. The other flowers suffer, but don’t do anything until it’s almost too late – because they don’t want to appear intolerant.
While Judge Wilson’s creativity is commendable, we quibble with the greenhouse metaphor. Without illegal immigrants, all flowers, bushes, and lawns in America would die within a week.
We zipped over to the book’s listing at Amazon.com, where we enjoyed this comment, by one Jonathan Cohen:
The best story of the dangers of out-of-town dandelions coming in and destroying the greenhouse with their Camaros, mosques, and ethnic cooking flavors.
You’ll be flipping the pages until the climactic finale where the hot house flowers, who love the dandelions despite the different colors of their petals, burn a vitamin spike on the dandelions’ front lawn. Highly recommended.
Judge is in immig groups’ bad books [New York Daily News]
Brooklyn Judge Wants To Make Sure Kids Learn To Hate Immigrants Before Kindergarten [Gawker]
Hot House Flowers – John H. Wilson [Amazon]
* And you thought your parents were embarrassing when you were a pre-teen. [Associated Press via Times Leader]
* Now I know not to act upon those revenge fantasies I’ve had of playing the same prank on that female senior associate who yelled at me last week. [New York Daily News]
* Also an anti-competition issue — this way, the strip clubs don’t cut into the business of massage parlors. [Louisville Courier-Journal via How Appealing]
Federal judges are lucky in that they don’t have to run for office. Because campaigns for judicial office can get so undignified. From the St. Louis Post-Dispatch (via TortsProf Blog):
A Madison County official and Democratic Party stalwart said Tuesday that he is unapologetic about Internet hijinks that are drawing criticism from supporters of Republican Appellate Judge Steve McGlynn.
County Public Defender John Rekowski last year registered a website named www.citizensformcglynn.com. McGlynn’s campaign committee is Citizens for McGlynn. Rekowski uses the Web address to redirect visitors to the site of McGlynn’s political opponent, Circuit Judge Bruce Stewart of Harrisburg.
Stewart faces McGlynn, a Belleville lawyer appointed to the 5th District Appellate court last year, in a heated contest for an open seat on the court.
Here’s what Rekowski — the County Public Defender, and therefore a lawyer — had to say for himself:
“People cyber-squat all the time,” Rekowski said. “I’m an American citizen, and I can do as I please.”
Well, yes. But then they get sued under the Anticybersquatting Consumer Protection Act.
(But query whether the ACPA would apply on these facts. We’re not saying that it would; we’re just observing that it’s silly for Rekowski to defend himself by saying that cybersquatting is commonplace and that he can do as he pleases.)
Web Tactic on Foe’s Behalf Upsets appellate court candidate [St. Louis Post-Dispatch]
Aren’t Judicial Elections Fun? [TortsProf Blog]
We worship federal judges — for their brilliance, their probity, and their service to our nation. We have a somewhat lower opinion of state court judges.
Many state judges are talented and dedicated public servants (and some of them later serve on the federal bench). But some of them are like the Not-So-Honorable Glenn Staege:
Two women have slapped a former municipal judge with 18 felony charges on grounds that he allegedly made them sign a contract to live on his property and have control of their prescription medications. He then required sex acts in exchange for the medicine.
Glenn A. Staege, 67, was charged with two counts of compelling a person to prostitution and 16 counts of possession of prescription drugs with intent to deliver.
Do you really want to know the particulars? Okay, read on:
One of the women said she and her boyfriend had been homeless when Staege agreed to let them live in a van on his property. She adds that the former judge coerced her to perform sexual activity 18 times to get her prescription medications while he recorded the liaisons.
Having a van lying around your property: SKETCHY.
Having a van lying around your property, which you turn into a halfway house for homeless drug addicts: VERY SKETCHY.
Having a van lying around your property, which you turn into a halfway house for homeless drug addicts, whom you force to prostitute themselves in exchange for drugs, in sexual acts that you record on videotape: STATE COURT JUDGE.
Women Charge Ex-Judge Of Sex For Prescription Swap [All Headline News]
The political blogosphere, including our former home, is having tons of fun with the downfall of Mark Foley — you know, the House Republican from Florida who sent smutty emails and IMs to underage male pages.
Well, the legislative branch doesn’t have a monopoly on naughty talk. This latest story is about a state rather than federal judge (of course), but it does show that judges know how to get down ‘n dirty:
Justice of the Peace Sam Harris, who blew the whistle several years ago on a colleague viewing pornographic Web sites on the job, admitted Monday to using profanity and graphic language in an online chat room.
On Saturday, Feb. 25, he wrote: “When in doubt, show Sam ur titties. But you don’t have those, so lol (laugh out loud) away.”
It might violate principles of comity, but can some federal judge out there please enjoin state court judges from using “LOL”? (Yes, we use “LOL” sometimes in email correspondence — but we’re bloggers, so that’s okay.)
The chat room is connected to an online video game called “Gore.” In August, Harris wrote in the chat that he played the game on the Web site one to six hours a day, running up more than 5,000 hours of play.
Well! It seems that this is one judge who likes to play with his joystick, in addition to banging his gavel.
And Judge Harris also has no qualms about giving people a peek beneath his robe:
At 5:06 p.m. Monday, March 6, Harris wrote to a friend about a vasectomy: “Jesus God help me, but it just hurts thinking about it. I know you would rather I didn’t hope’ anything about ur balls, but still hope it ain’t that bad. I get ALOT of pressure to get clipped. Scared. Very scared.”
TMI. Additional excerpts from Justice Harris’s chat room postings are collected over at the Electric City Weblog. This quote is our favorite:
Harris said the gay porn images [he caught his colleague viewing] “will remain with me for the rest of my life.” He said he “couldn’t sleep that night and kept visualizing another of the screen images of ‘one man giving another man oral sex.’” Earlier Harris had said that, as a result of viewing the images, “my stomach has been upset and I am having difficulty sleeping.”
Methinks Sam Harris doth protest too much.
Weblogs Expose Judge’s Vulgarity [Great Falls Tribune via How Appealing]
History Lesson, QED [Electric City Weblog]
Look, Your Honor, don’t get mad at us. We didn’t say it; one of your brethren did. From the WSJ Law Blog:
Even sitting justices in Ohio question the current system [of expensive judicial elections]. “I never felt so much like a hooker down by the bus station in any race I’ve ever been in as I did in a judicial race,” said Justice Paul Pfeifer.
“Everyone interested in contributing has very specific interests.” Of the special interests, Justice Pfeifer says: “They mean to be buying a vote . . . Whether they succeed or not, it’s hard to say.”
At first this quote struck us as odd. It leaves open the possibility that Justice Pfeifer previously felt “like a hooker down by the bus station,” just not as much as he does now.
But then we checked out his bio. Back when he practiced, he worked as a trial lawyer. Ahhh.
The Ohio Supreme Court: Justices for Sale? [WSJ Law Blog]
Campaign Cash Mirrors a High Court’s Rulings [New York Times]
Justice Paul E. Pfeifer bio [Supreme Court of Ohio]
- Alice Fisher, Federal Judges, Howard Dean, Interview Stories, Job Searches, Ken Wainstein, Law Professors, Skaddenfreude, State Judges, State Judges Are Clowns, Weddings, Week in Review
ATL Week in Review: September 24, 2006
By David Lat* Who is the hottest dean? Your nominations are needed.
(At right: A portrait of Howard Dean as a young man. Seriously.)
* Who is the Paris Hilton of the federal judiciary?
* Are you a professor at a private law school? If so, how much money do you make?
* Why are those Florida judges always getting themselves into trouble?
* It’s interview season — for law firm jobs, judicial clerkships, etc. Do you know the do’s and don’ts of interviewing?
* Legal Eagle Wedding Watch: It’s a tie!
* Congratulations to Alice Fisher and Ken Wainstein, who were (finally) confirmed by the Senate as, respectively, heads of the DOJ’s Criminal Division and National Security Division.
* Outstanding Discovery Requests: Handicapping the Race to Partnership, Skaddenfreude (Academic Salaries), Internal Memos.
- Bad Ideas, Brandt Downey, Judge of the Day, Pornography, R. Fred Lewis, Sexual Harassment, State Judges, State Judges Are Clowns
Judge of the Day: Brandt C. Downey III
By David LatOkay, maybe he should be “Judge of Yesterday,” since this was in yesterday’s paper (and was picked up by How Appealing yesterday too). But it’s Saturday, and we’re still working hard to entertain you, so stop your quibbling.
A judge who repeatedly viewed pornography on the computer in his chambers apologized Friday after receiving a public reprimand from the Florida Supreme Court for violating judicial ethics.
Circuit Judge Brandt C. Downey III of Clearwater told the high court he was “sorry” after Chief Justice R. Fred Lewis called his conduct “truly shocking” and an embarrassment to his friends, his family, the judiciary and the citizens of Florida.
It may have been, er, somewhat imprudent for Judge Downey to check out porn in chambers. But at the risk of sounding like libertines, we have to ask: What’s the big deal? Millions of Americans enjoy pornography.
As for the workplace aspect, we say: If he’s keeping up with his judicial workload, who cares about de minimis use of his computer for, um, other activities? Is it that different from, say, making flight arrangements online for your Hawaiian vacation, while on your lunch break?
To put it another way: What’s wrong with a judge admitting he shares something in common with at least 14 percent of American men? (A figure that’s surely on the low side, due to the study’s reliance upon self-reporting.)
What’s next? Judges getting censured for banging their own gavels? What century are we living in? Or, for that matter, what country — a theocracy?
[At the hearing, Judge Downey] added that he believes God has forgiven him. He said his family and friends also have forgiven him and urged him to seek re-election, but he declined to avoid further embarrassment and publicity, Downey said.
So we don’t think judicial porn viewing is such a big deal. These allegations are far more problematic:
Downey allegedly showed inordinate interest in a young state attorney, asking her to approach the bench to tell her that she “looked nice today.”
He also was accused of asking another female lawyer to approach the bench for personal conversation and sending her an e-mail saying “it was nice seeing u in court looking so pretty.”
“What were you thinking?” Lewis asked.
Using “u” instead of “you” in an email? Now THAT warrants censure.
(Final observation: What is up with these Florida state court judges? See Wednesday’s Judge of the Day.)
Judge Apologizes, Gets Reprimand for Viewing Porn in Chambers [Associated Press via How Appealing]
Earlier: Judge of the Day: Richard Albritton Jr.
-
Sponsored Content
The Grooming Goods You Need to Crush the Interview
Presented by Birchbox
Watch to find out what some of our subscribers received in their May box!The proper hair styling product might just be the only thing standing between you and your dream job. And the best way to find what works for you is to try the best stuff on the market. Join Birchbox Man for $20 a month and you’ll get customized shipments of the best grooming and lifestyle gear on the market every month—everything from haircare and shaving supplies to style accessories and tech gadgets.
As the leading discovery commerce platform, Birchbox is redefining the retail process by offering consumers a unique and personalized way to discover, learn about, and shop the best grooming and lifestyle products out there. It’s a full 360-degree process: try, learn, buy. Once you sign up and fill out your profile, head over to Birchbox Man’s online magazine to find article and video tutorials on how to get the most out your monthly box products. Pick up full-size versions of anything you like in the Birchbox Shop and earn points for every purchase.
Gift with Purchase: Use code TRYFECTA1 at checkout when you spend $40+ in the Birchbox Man Shop. Includes a stylish Areaware bottle opener, a sample of TOWELDRY’s Paste Styler, and a sample vial of Atelier Mistral Patchouli cologne.
Keep reading »Sponsored Content
The Asia Chronicles – ASSOCIATE AND IN-HOUSE OPENINGS IN HONG KONG / CHINA, JAPAN AND SINGAPORE
Presented by Kinney Recruiting
We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at asia@kinneyrecruiting.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.Also, we have the two below in-house openings:
Keep reading »Sponsored Content
Digital Canary in the Virtual Mine #2: What’s In Your Apps? Prying Eyes Are Ready To Discover . . .
Presented by AccessData
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
Keep reading » Video Profiles for Job Seekers
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!
