The benchslapper has become the benchslapped. Judge Sam Sparks, of the U.S. District Court for the Western District of Texas, just got smacked around by a higher authority: Chief Judge Edith Jones, of the U.S. Court of Appeals for the Fifth Circuit.
Last month, Judge Sparks issued a sharply worded order in which he compared the counsel appearing before him to squabbling schoolchildren — and invited them to a “kindergarten party,” where they would learn such lessons as “how to telephone and communicate with a lawyer” and “how to enter into reasonable agreements about deposition dates.” In the end, Judge Sparks ended up canceling the party, after the publicly shamed lawyers worked out their issues — but not before his infamous order received national attention within the legal community.
Many observers were amused by Judge Sparks’s order — which was not the first time His Honor has gotten saucy with lawyers in recent weeks (or in his judicial career, for that matter). But a minority felt that the order was over the top and gratuitously nasty.
Among the unamused: Edith Jones, who oversees the federal courts of Texas in her capacity as Chief Judge of the Fifth Circuit. What did she have to say to Sam Sparks?
Earlier this week, we reported on the latest benchslap from Judge Sam Sparks (W.D. Tex.). In his order, Judge Sparks invited attorneys to a “kindergarten party,” to address what he perceived as childish behavior.
Judge Sparks eventually called off the party. That makes sense, since he had already achieved his goal of publicly shaming the attorneys appearing before him.
Other judges have apparently taken notice. Now comes Judge Peggy Ableman of Delaware. She has called for attorneys appearing before her to attend “a ‘special’ emergency refresher course in first year ethics and civility.”
UPDATE (5:20 PM): Darn it. Delaware Superior Court Presiding Judge James T. Vaughn Jr. has taken over the case and canceled the “refresher course,” as reported by the Philadelphia Inquirer.
What’s really going to make the allegedly childlike attorneys squeal is that Judge Ableman scheduled her remedial class for the middle of Labor Day weekend….
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