State Judges

Judge Mary Barzee Flores Above the Law blog.jpgIn our earlier post about the recusal motion filed by one Robert Seitz — a Florida pro se litigant seeking recusal of Judge Mary Barzee Flores, claiming that he once received a pre-judicial BJ from Her Honor — we noted that his claims were mere allegations.
We expressly disclaimed any independent knowledge of his claims. We were simply passing along allegations made in a publicly filed court document — which, by the way, has circulated widely via email. (It was forwarded to us by maybe half a dozen different tipsters.)
Now we bring you Judge Barzee Flores’s side of the story. From an omnibus order filed in the case, denying Seitz’s motion to recuse:
Robert Seitz 3 crazy guy blow job Above the Law blog.jpg
You can read the full order, after the jump.
Earlier: Legal Ethics Question of the Day: If the Court Has Gone Down on You, Is Recusal Required?

double red triangle arrows Continue reading “Seitz v. Bareille: Blown Out of Proportion?”

Judge Mary Barzee Flores Above the Law blog.jpgWe reiterate what we observed yesterday: “When it comes to generating ATL material, the University of Miami School of Law tops the rankings.”
It appears that the undergraduate school at UM also sees its fair share of shenanigans. Check out this motion to recuse (PDF), which has been making the rounds by email. It involves one UM alumnus seeking the recusal of a former college classmate, now on the state bench.
Pro se plaintiff Robert Seitz asks Judge Mary Barzee Flores (at right), of Florida’s Eleventh Judicial Circuit, to recuse herself from hearing his case. The grounds for recusal are, er, interesting. Here’s what he alleges (alleges — we’ve undertaken no independent investigation of his claims):
Motion to Recuse Judge Mary Barzee Flores recusal Above the Law blog.jpg
You can read the entire motion by clicking here (PDF).
Update: For Judge Barzee Flores’s response to these allegations, in her ruling on the motion to recuse, click here.
Seitz v. Bareille: Motion to Recuse [PDF]

James Shull Judge James Michael Shull James M Shull Above the Law blog.jpgOn 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.

Independent of making them strip in open court, of course.
Judge Defrocked for Deciding Cases by Coin Toss, Making Woman Pull Pants Down in Court [Blogonaut]

halverson.jpg
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)]

gay football Above the Law blog.jpgOne 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?”

A little bit more, after the jump.

double red triangle arrows Continue reading “Judge of the Day: Jeffrey Levenson”

* Clarence Darrow? How cliche. Anywho, this guy is now a New Mexico Supreme Court justice. [Albuquerque Journal (free trial pass required) and New Mexico Business Weekly, via How Appealing]
* Step 1: Stop killing monks. [Jurist]
* Death for the death penalty? [New York Times]
* Latham lawyer DQ’ed in KPMG trial. [WSJ Law Blog]
* Thomas in the ATL. [Atlanta Journal-Constitution]

bonsai tree AboveTheLaw Above the Law blog.jpg* Across the pond, Allen & Overy hopes to pick up recruits — quite literally. [Charon QC: The Blawg]
* One path to a judgeship: marry a prominent political fundraiser. [Daily Business Review]
* Alberto Gonzales and George Terwilliger should get along famously. [Washington Briefs]
* The fame of the S&C bonsai trees spreads, as ATL earns a shout-out in the Washington Post’s Express. [Read Express]

He likes PD butts, and he cannot lie. From the New York Daily News (of course):

skirt suit nice butt Above the Law blog.jpgWhen 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.”

“But apparently not so difficult to get a rise out of Justice Caplicki,” as one of you notes.
Someone should put the Ed Caplicki in touch with Peter Barta, another connoisseur of court-appointed ass. And keep His Honor away from Ursula Ungaro at judicial conferences.
Public censure for judge who said lawyer had ‘nice butt’ [New York Daily News]

medina.jpgThe home of Texas Supreme Court Justice David Medina was destroyed by a fire on June 28. Officials investigating the fire are now saying that the fire appears to have been intentionally set:

Investigators said they considered the fire as incendiary after ruling out all other accidental causes, such as an electrical short, that could have ignited the June 28 blaze that resulted in about $900,000 in damages to Medina’s Spring-area home….

Members of Medina’s family have been questioned during the investigation. His wife and one of his children were the only people in the home that night, arson officers said.

“They have been cooperative throughout the interview process,” said Dan Given, chief investigator with the fire marshal’s office.

At this point, there are no charges pending in the case, officials said.

“This is an active and ongoing investigation,” said Harris County Fire Marshal Mike Montgomery.

Nathan Green, a fire marshal investigator on the case, had earlier said six “persons of interest,” all of whom are Medina family members or friends, have been identified in the investigation. He had said there were inconsistencies in Medina’s and his wife’s accounts of where he was the night of the fire. She was at home.

Contacted by telephone on Tuesday, Medina said he would not comment about his whereabouts that night.

More after the jump.

double red triangle arrows Continue reading “Did A Texas Supreme Court Justice Burn Down His Own House?”

Herman Thomas Judge Herman Thomas spanking judge Above the Law blog.jpgJudge Herman Thomas — the Alabama state court judge who allegedly enjoyed spanking male prisoners, traded favorable treatment for sexual favors, and improperly interfered on behalf of a cousin in legal trouble — has resigned from the bench.
We sure will miss having him to smack around.
Judge Thomas resigns [Mobile Press-Register]
Alabama Judge Resigns Amid Investigation [AP]
Earlier: Prior ATL coverage of Judge Herman Thomas (scroll down)

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