Judge of the Millennium Wade McCree has a special place in our hearts here at Above the Law. The former Wayne County circuit judge had a penchant for disrobing for shirtless selfies and sex in his chambers, and was consequently disrobed by the Michigan Supreme Court.
On Monday, the Sixth Circuit correctly (if you mean “applying the law as it currently exists,” and “incorrectly” if you mean “adopting the better policy”) held that Judge McCree is immune from a civil suit brought by a man McCree slapped with a tether and high child support payments. The man’s complaint is that while Judge McCree was coming down hard on him, Judge McCree was also coming down hard on the child’s mother — specifically sexting her from the bench and carrying on an affair that ultimately ended in an abortion. The man and his lawyer are seeking an appeal to the Supreme Court.
Is absolute judicial immunity a doctrine worth keeping? Probably not…
[T]here is not much, if anything, that is more prejudicial to the actual administration of justice than having a sexual relationship with a complaining witness without recusing oneself, engaging in ex parte communications with this mistress/complaining witness, attempting to use the prosecutor’s office as leverage against this now ex-mistress by concocting charges of stalking and extortion against her, and then lying under oath about these matters.
Judges can usually keep it together even when the lawyers deserve a paddlin’ for their disrespectful behavior. And I cannot imagine how a judge summons the depth of patience required to deal with a pro se litigant without constantly losing their composure. While lawyers may privately think of judges as arrogant and imperious from time to time, when you really look at the job, judges spend most of their time holding their tongues.
Which is why a uncontrolled outburst from a federal judge is such a rare treat.
Now you may think, “This is probably a minor rebuke blown out of proportion.” To that I quote David Frank, the managing editor of Massachusetts Lawyers Weekly: “I have heard judges raise their voice. I’ve heard judges get tense. I have never heard something as loud as that.”
I guess this was less of a benchslap and more of a benchpunch….
How many racist emails does it take to brand someone a racist? My personal rule is “one.” If you send one horribly racist email that actually manages to leak out into public discourse, it’s probably not your only one. Seeing a racist email from someone is like seeing a mouse in your apartment: there’s never just one. I believe in temporary insanity, but I don’t believe in sudden onset racism that magically appears once and only once and then disappears forever.
Of course, whenever anybody gets caught in a racist email scandal, they always say that it’s the only one. It’s always “Whoops, that email was racist, but I’m not racist.” The racist email is always allegedly “out of character,” and the person always claims to have shown “poor judgment.” And that person always has some apologists, as if sending one or two racist emails is just something that “happens” in the normal course of business to non-racist people.
That’s what Judge Richard Cebull claimed. In 2012, he was busted sending around a racist email about President Obama. He claimed that he didn’t mean to be “racist” — he just meant to voice his displeasure with the president (as if it wasn’t bad enough for the judge to be taking public opinions about the sitting president).
Some people bought the Cebulls**t. Not me. And Cebull eventually retired. But the investigation into his misconduct continued, and now that investigation has been made public.
Surprise, Richard Cebull sent a ton of racist, sexist, and otherwise inappropriate emails….
It’s Election Day today. Go vote. Go vote now, or make sure you go before the polls close. Whatever you are doing today isn’t as important as participating in your community. Sorry there’s no “president” on the ballot. Instead it’s just a bunch of local officials and local issues that affect your day-to-day life way more than the President of the United States. GO VOTE.
In New York, we’re going to elect a new mayor, I can only hope that Mike Bloomberg actually allows the new guy to take office.
But if you are going to vote in New York, make sure you flip the ballot over and vote on all the propositions. There are some fun things there: should we institute the regressive, idiot tax that is opening a casino? I say yes! We need money and regressive, idiot taxes are the only ones you can pass in this environment.
Gothamist has a good breakdown of all the New York ballot issues. But the one that’s most legally interesting is Proposition 6: raising the mandatory retirement age for judges to 80.
Eighty! That’s having somebody decide the latest issues in eDiscovery who was alive for D-Day.
A judge probably shouldn’t frequent astrip club. Forget all the arguments about the morality of strip clubs, or the need for judges to adhere to higher standards, or how the human brain can’t sustain that many playings of Girls Girls Girls by Mötley Crüe, the place is just crawling with people bound to show up in your courtroom for one reason or another.
But if a judge is going to frequent a strip club, it’s hard to top this judge’s style. He allegedly leveraged his legal know-how into sleeping with a dancer. Not bad. Better yet, instead of the clap he earned only a disciplinary complaint.
[She] surprised me and thrilled me…. I lusted after that woman. I’m in my middle 50s and she’s a double dozen years my junior.
– Judge Wade McCree, demonstrating that there is “no shame in his game,” in his testimony this week before the Michigan Judicial Tenure Commission. Judge McCree testified about his affair with a woman who appeared as a party in his courtroom and allegations that he asked her to get an abortion when she ended up preggers.
You must remember Judge Wade McCree. Not only is he the son of the first African-American to be appointed to the Sixth Circuit, but he’s also the man who sent sext messages to his bailiff and had an affair with one of the litigants who appeared before him while he was on the bench. Note that we’re no longer using the word “allegedly” in that sentence.
We now know for sure that McCree — who’s been referred to as Judge McCreep since the media caught wind of his sexual derring-do — was getting down and dirty with the woman who he claimed had been stalking and extorting him, the same woman who shouted from the rooftops that she’d banged McCree’s gavel “[o]n his desk, in the chair, the couch, you name it.”
We know with relative certainty that McCree did all of these things because he just admitted it all in his response to the Michigan Judicial Tenure Commission’s (MJTC) formal complaint.
Let’s see if he’s got any “shame in [his] game” now….
* To those of you who celebrate it, Happy Easter! Welcome the holiday by voting in the ABA Journal’s fifth annual “Peeps in Law” contest. [ABA Journal]
* If law firm brackets aren’t your thing, check out Professor Kyle Graham’s brackets for (1) law school classes and (2) law blogs. I’m thankful for ATL’s #1 seed but terrified by who we’re up against (because they’ve ripped me a new one before). [noncuratlex]
* Sorry, Judge Steiner, you wuz robbed; you should have been our Judge of the Day. It’s tough to top “allegations of a sexual quid pro quo with a female lawyer and the eye-opening confiscation of carpet from [chambers] for forensic analysis.” [OC Weekly]
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: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.