Kim Wardlaw

Judge Stephen Reinhardt (left) and Judge Robert Jones

Will 2012 go down as the Summer of Feuding Judges? Over the past few months, we’ve been covering the feud in print between Judge Richard Posner and Justice Antonin Scalia.

And yesterday we wrote about the harsh smackdown by Judge Stephen Reinhardt (9th Cir.) of Chief Judge Robert C. Jones (D. Nevada). Today we’ve got Jones’s rebuttal, which is just as heated. It’s unusual to see a lower-court judge criticizing a judge higher up in the judicial hierarchy, but reverse benchslaps do happen.

How does Judge Jones feel about being called unacceptably arrogant? Let’s just say he responded in kind…

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Judge Reinhardt and me, perfect together.

Such arrogance and assumption of power by one individual is not acceptable in our judicial system.

– Judge Stephen Reinhardt, concurring, in Townley v. Miller. A Ninth Circuit panel stayed a district court’s preliminary injunction order in a case involving Nevada’s “none of these candidates” ballot option.

(More about this interesting and politically charged case, after the jump.)

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Last week, I wrote (with great pleasure) about whether women lawyers should wear peep-toe shoes to court. In my informal poll of seven federal judges, the vote broke down roughly as follows: four in favor, two opposed, and one in the middle. (See the update — Judge Susan Graber seemed agnostic on peep-toes, but advised lawyers, male and female alike, “to consider comfort and color” in footwear choices.)

One of the judges who dissented, lodging her opposition to a litigatrix sporting peep-toe shoes in court, was Judge Kim McLane Wardlaw (9th Cir.):

My view is that if you have a question about the appropriateness of your attire, don’t risk it. Women appearing in court should never wear anything that draws attention to their anatomy over the merits of their case. You just never know how your audience — judges, jurors, clients or senior partners — will react. It’s better to play it safe in formal settings and save the peep-toes for after hours.

But don’t get the wrong impression about Judge Wardlaw, who is fierce and fabulous (see my earlier interview of her). She is not some fashion fuddy-duddy. Although she recommends against lawyers wearing peep-toes to court, she owns many pairs of herself, which she happily wears in chambers.

Check out these photos of Judge Wardlaw modeling peep-toe shoes, sent to Above the Law by her colleague on the Ninth Circuit, Chief Judge Alex Kozinski….

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