Judge of the Day

U.S. District Judge Mark W. Bennett won’t get the publicity of Judge Martin Feldman. Obviously, blocking President Obama’s deep-water drilling moratorium — having already disclosed investments in Transocean and Halliburton — is big news.

But Judge Bennett is making waves of his own in his Iowa courtroom. He’s decided that he wants lawyers to participate in an auction to determine who will get to serve as lead counsel in some consolidated antitrust cases.

And he informed lawyers of this with a curious email. The subject line alone is not something one expects from a federal judge:

Waterman v. VS Holding Co. et al (10cv4038) – consolidated antitrust actions – “going once, twice, sold to the lowest bidder” – ready to rumble?

Not only is this judge “ready to rumble,” he’s also ready to insult lawyers from East Coast law firms…

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Southern Florida has been hit by a storm of insensitivity that has achieved gale force — Peggy Gehl force. Complaints about Judge Peggy Gehl and inappropriate comments she allegedly made from the bench were recently lodged with Chief Judge Victor Tobin of the Seventeenth Judicial Circuit.

(The story broke last week in the South Florida blogosphere. But it hasn’t received much attention beyond the Sunshine State, perhaps because it happened right before Memorial Day weekend.)

On May 26, Howard Finkelstein — public defender for Broward County, as well as a television personality with his own show — sent a letter to Chief Judge Tobin, describing “four incidents wherein Judge Gehl made racist comments.” Here’s the first fun allegation:

Maybe Judge Gehl should have asked Wright Muir for a Red Stripe too?

This was just one of four incidents. We describe the other allegations against Judge Gehl — and interview PD Howard Finkelstein, a colorful character in his own right — after the jump.

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Floridian jurist admires Jews; Jamaicans, not so much.

Google has stepped in the privacy sh*t again. The Google cars collecting data for Google Maps’s nifty Street View service have also been inadvertently collecting information off of people’s unsecured wireless networks. If someone’s Wi-Fi account lacked a password and encryption, the cars had the ability to snatch some data.

Google claims the Wi-Fi sniffing was inadvertent, that this was a programming error, and that it didn’t realize it was stockpiling the personal info. It was discovered by German investigators and now has EU regulators up in arms, says Ashby Jones at the WSJ Law Blog. It’s unclear how much data exactly was sniffed during brief drive-bys of houses. It’s also unclear why anyone would set up a Wi-Fi account without password protection these days. But there’s no law banning stupid/lazy people from filing invasion of privacy lawsuits.

Two West Coast plaintiffs filed a class action suit in Oregon on Monday, asking Google to “pay up to $10,000 for each time it snatched data from unprotected hotspots.” It includes a TRO preventing Google from deleting the data, which the company otherwise had planned to do. (Irony alert.)

The news led ABC 7 in Washington, D.C. to go around and ask people on the street how they felt about Google snooping on their Wi-Fi accounts. One person they asked was a federal judge; if Google comes around his house, it better be packing…

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We expect judges to not let their personal opinions influence their judicial decisions. But it’s silly to expect judges to be automatons with no feelings. They hurt, they cry — and just like everybody else, they get angry when they have to deal with assholes.

Sadly being an asshole isn’t a crime, and so one Canadian judge just had to suck it up and let a Canadian junior hockey player charged with assault go free. But not before the judge gave the defendant a little piece of his mind. The CBC reports (gavel bang: Deadspin):

Junior hockey player Chris Doyle was found not guilty of assault Friday, but received some harsh words from P.E.I. Judge John Douglas.

“If he was charged with being a colossal asshole, I would find him guilty,” said Douglas, chief judge of the provincial court.

“Of assault causing bodily harm, I find him not guilty.”

Make no mistake. Judge Douglas was right to point out that Chris Doyle was a giant douchebag…

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Fred_Biery.jpgThose Texans love the word of God. In 2005, they went to SCOTUS to defend a monument to the 10 Commandments that stands on the grounds of the Texas State Capitol. Hailing from San Antonio, U.S. District Judge Fred Biery is invoking the higher power in his judgment against a religious school’s right to join a Texan school membership league.

In a ruling Tuesday denying Cornerstone Christian Schools’ attempt to join the state’s premier extracurricular organization, a federal judge chided the school’s founder and famed preacher John Hagee for contradicting at times his own Christian tenets, using numerous references to the Bible, Koran and even a famous fairy tale.

Who needs precedent and constitutional law when there’s so much wisdom to be found in Grimm tales and Disney movies? Let’s look at the opinion….

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Jay Spechler Judge Jay Spechler Jay Sprechler Above the Law blog.jpgThe fabulous Monica Goodling — if you’re on Facebook, join her fan club — isn’t the only person being accused of anti-lesbian bias these days. From the Daily Business Review (via JAABlog):

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LaLeshia Walker Alford Judge Laleshia Walker-Alford Louisiana Above the Law blog.jpgGotta love an elected judiciary. From the New Orleans Times-Picayune:

A Shreveport judge’s excessive use of prescription drugs led her to disgrace the judiciary by missing work, falling asleep on the bench, and at times talking gibberish to convicts, the Louisiana Supreme Court has ruled in a 7-0 decision that permanently removed her from office.

LaLeshia Walker Alford, first elected to the Shreveport City Court in 1997, was removed from the Caddo Parish bench and ordered to reimburse the state $5,000 for the cost of the investigation that began six years ago.

We especially appreciated the article’s deadpan subhead: “Absences, gibberish on bench recounted.”

So how did this all get started?

Alford, a Tulane Law School graduate who was re-elected in 2002, fell under state investigation after an anonymous complaint May 27, 2002, accused her of missing work regularly, canceling court without any notice, and presiding on the bench impaired, inarticulate, and at times nodding off. At one point, Alford threw a 15-year-old boy into an adult lock-up after fuming over his poor report card….

Dozing off on the bench? No big deal. One well-regarded federal judge has his clerks bring him a pitcher of ice cubes and a glass while he’s on the bench, so he can chew on ice to stay awake.

But napping on the bench is just the tip of the iceberg for Judge Walker Alford. Check out some excerpts of her judicial gibberish, after the jump.

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Ira Robinson Judge Ira Robinson fights off mugger Above the Law blog.jpgCompared to their colleagues in the trial court, appellate judges have a reputation for being delicate, academic creatures, with less in the way of “street smarts.” But don’t lump New Mexico Court of Appeals Judge Ira Robinson in that group.

From the Albuquerque Journal (subscription):

New Mexico Court of Appeals Judge Ira Robinson expected the worst Tuesday night when he fell to the ground as he tried to fight off a man lunging at him with a knife.

“I really thought the son of a gun was gonna stab me when I was down,” he said.

So how did it all unfold?

Robinson, 65, said in an interview Wednesday that the ski-mask-wearing assailant demanded valuables from him and two cousins visiting from San Diego as they walked to their car parked near La Fonda about 10 p.m.

But Robinson refused the robber’s demands:

“He said ‘Give me your money, (expletive)!’ I said, ‘I’m not gonna give you a damn thing!”’

Nice. But we do wish the judge had invoked his judicial office. Maybe he could have held his assailant in contempt?

A little more, after the jump.

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