There is something admittedly odd about judges on Twitter. The stereotypical judge is stuffy, technologically challenged, and light on personality. Twitter, in contrast, is informal, tech-driven, and brimming over with quirkiness and individuality.
There are, to be sure, virtues to the traditional vision of the judge (well, maybe not the lack of tech savvy, but the other attributes). Judges who are formal, dry, and tight-lipped off the bench convey a strong sense of objectivity to the public and to the litigants who appear before them. These judges might not have much personality, but presumably they don’t have personal biases that would interfere with the impartial administration of justice. You might not want to have a beer with such judges, but you would want them handling your case.
So judicial tweeting might be unusual. Does that make it problematic? Should we have new judicial ethics rules to rein in judges on social media?
* 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?
OmniVere’s delivery of end-to-end technology & data consulting to position the company as a true differentiator in the global legal technology and compliance space.
CHICAGO, IL, September 29, 2014 – OmniVere today announced the creation of the company’s technology & data consulting arm and the addition of several industry-renown experts, including the former co-chairs of Berkeley Research Group’s (BRG’s) Technology Services practice, Liam Ferguson, Rich Finkelman and Courtney Fletcher.
This new consulting practice will provide and expand existing OmniVere eDiscovery consulting services to corporations, law firms and government agencies with a special focus on compliance, information governance and eDiscovery. This addition of this top talent now positions OmniVere as a true industry leader in the technology and data consulting space offering best-in-class end-to-end services.
Ferguson, Finkelman & Fletcher are nationally recognized experts and seasoned veterans in the areas of overall technology, electronic discovery, and structured data. At OmniVere, the team will be focused on all global consulting activities with respect to legal compliance, complex data analytics, business intelligence design and analysis, and electronic discovery service offerings.
The Trust Women conference is an influential gathering that brings together global corporations, lawyers and pioneers in the field of women’s rights. Unlike many other events, Trust Women delegates take action and forge tangible commitments to empower women to know and defend their rights.
This year, the Trust Women conference will take place 18-19 November in London. From women’s economic empowerment to slavery in the supply chain and child labour, this year’s agenda is strong and powerful. Speakers include Professor Muhammad Yunus, Nobel Laureate and founder of the Grameen Bank; Phumzile Mlambo-Ngcuka, Executive Director of UN Women; Mary Ellen Iskenderian, President and CEO of Women’s World Banking and many other influential leaders. Find out more about Trust Women here.