* New York agrees to pay out $10 million to wrongfully convicted man. He may be gone, but former D.A. Charles Hynes is still costing the city money. [New York Times]
* Sentence requiring former Supreme Court justice to write apology letters to every judge in the state on a picture of her in handcuffs struck down as “unorthodox gimmick.” Now she has to write the letters on regular paper because apparently the apology letter part was an “orthodox gimmick.” [Penn Live]
* It’s not that Justice Kennedy cares more about gay rights than women’s rights, it’s that Justice Kennedy understands gay rights better than women’s rights. That’s a much less charitable but shorter read of this insightful piece by a former Kennedy clerk. [Dorf on Law]
* Adam Carolla is keeping his fight against patent trolls alive. Ziggy socky ziggy socky hoy hoy hoy! [Mashable]
* Yesterday, the man who shot young Renisha McBride for knocking on his door was convicted of second-degree murder. Sadly, it was just one more in a string of cases where some idiot bought into the rhetoric of shooting first and asking questions later that gun lobbyists have pushed for years. [New York Times]
* Here’s something, a former law firm CIO wrote a novella called I Spy, You Spy, We All Spy (affiliate link) based on the allegedly true events of the “law firm spying on its own lawyers, employees and some of its employees’ family members.” Delightful. [Amazon]
* “Why Young Lawyers Shouldn’t Hate Hate Hate Baby Boomers Holding On to Jobs.” OK, I’ll go back to hating them for being the self-absorbed Me Generation that made Gordon Gekko a role model. [Law and More]
Nine days ago, Judge Richard Kopf wrote an article about the Supreme Court’s decision in Hobby Lobby that suggested, “[a]s the kids say, it is time for the Court to stfu.” It was a good post, but something that seemed of such little controversy that we relegated it to an in-blurb mention within Non-Sequiturs.
And then all manner of shock and hand-wringing commenced.
It’s not the first time a federal judge received criticism for speaking out. Are jurists like Judge Kopf out of control?
Several years back, the Washington Post uncovered multiple instances of federal judges committing basic ethical breaches related to ruling on cases despite holding significant financial stakes in one party. It was an embarrassing black eye for the federal judiciary and the legal system altogether. It forced the bench to develop a comprehensive financial reporting system and an automated computer check to avoid any further ethical lapses. Sounded reasonable at the time.
Well, it turns out the computer system doesn’t work.
Or at least it doesn’t work as well as anyone would have hoped. The Center for Public Integrity (CPI) just released a report this morning reflecting their efforts to manually review a sampling of federal court decisions and cross-check those with financial disclosure forms. The report found multiple lapses. The most egregious involved a judge with as much as $100,000 in Johnson & Johnson when he ruled in their favor on an appeal regarding a malfunctioning implant.
But by and large the legal world’s responses to these findings vary from tone-deaf to downright hypocritical….
The rapidly unfolding scandal broke Monday and confirmation came Wednesday night, when Maggio admitted to his Geauxjudge alter ego and withdrew from the impending Court of Appeals race. Still unclear is whether the Judicial Discipline and Disability Commission will demand that he immediately step down from his current judgeship, which Judge Maggio will otherwise hold for the rest of the year.
The latest statement from Judge Maggio is reproduced below. It’s light on the racism, sexism, homophobia, and obvious breaches of judicial ethics, but it still captures the tone-deaf attitude of entitlement. At least we know Geauxjudge is still in there somewhere….
The psychological term for it is The Online Disinhibition Effect, a condition brought on by the interlocking effects of dissociative anonymity, invisibility, asynchronicity, solipsistic introjection, dissociative imagination, and minimization of authority. This is the condition that leads people otherwise aware of proper social and professional behavior to go off the rails and say things they would know not to broadcast publicly if the world could easily identify them.
That’s what happened to a self-identified judge who routinely posted under a pseudonym on a popular college sports board.
And now it looks like we’ve cracked the code and figured out who this judge is, and if we’re right, he’s a rising star. Or he was a rising star, before this….
(It turns out that we’re right. Please note the UPDATE at the end of this post.)
* As if law schools aren’t charging enough, they also absolutely ravage students on casebook prices. It doesn’t have to be this way. [PrawfsBlawg]
* Who’d have thought it would be this hard to define a pig? [Modern Farmer]
* If you aren’t following DLA Piper’s boss Sir Nigel Knowles on Twitter, then… you’re lucky. [Legal Cheek]
* The vice president of the Constitutional Accountability Center weighs in on Judge Wright Allen’s marriage equality decision from the perspective of a gay, married Virginian. [Pilot Online]
* See, it’s not just lawyers who get annoyed when TV doesn’t live up to the realities of the profession. Political communications professionals can get pretty irked by House of Cards. [Ditto Public Affairs]
* A circuit judge just seized control of a lower court’s docket, setting restrictions on a judge’s ability to hear domestic violence cases after finding a repeated pattern of improperly blowing off these matters. It may be the Benchslap-Heard-Round-the-Nation since the slapped jurist is also the president-elect of the American Judges Association. [Detroit Free Press]
Judicial misconduct comes from all across the ideological spectrum. Judge Richard Cebull of Montana, who reportedly spewed out racist emails like an ATM dispensing twenties, was an anti-Obama conservative. Meanwhile, Judge Boyce F. Martin Jr., whose ethical troubles we alluded to yesterday, was a prominent progressive on the Sixth Circuit.
Judge Martin was appointed to the court in 1979 by President Jimmy Carter and wrote major opinions attacking the death penalty and defending affirmative action. He also penned fun opinions that included references to The Simpsons and Austin Powers.
Alas, this liberal lion has roared his last. Did an investigation into possible judicial misconduct help drive Judge Martin from the bench?
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….
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.