State Judges

I’m not sure if everyone has noticed, but right now in America gay people are the only people it’s okay to be openly bigoted against. Think about it, you can’t say that Obama can’t be president because he’s black. You have to dress it up and say crap like “he’s Kenyan,” or “he’s a communist,” or whatever. You can’t say that women’s health isn’t important. You have to say “birth control is for sluts,” or something that means the same thing, but allows you to say that “this isn’t a war on women.”

But with gay people, you can openly discriminate against them, and find a bunch of lawmakers who will applaud you. It’s not going to cost you a job. Nobody is going to pull your funding. Hell, North Carolina just put it in their constitution that it’s okay to deny gay people a basic civil right. How sick is that? A constitutional amendment that one group of people doesn’t have the same rights as other groups of people. Even the president basically said that while he personally didn’t hate gay people, it was still cool for each state to determine its own level of antipathy toward gay people, and legislate accordingly.

In that world, it’s not a huge surprise that the Commonwealth of Virginia just voted against a judicial appointment for an openly gay prosecutor because he is gay. That’s it. Not “he’s gay and also a terrible prosecutor,” not even “he’s gay and nobody likes him.” Just being gay was enough for the Virginia House to deny this man an appointment everybody agreed he was qualified for.

We’re living in a society where “f*** them queers” is an entirely valid political, social, and legal argument….

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Lawyers: the same as trees?

As the superior court aptly observed, “The fact that the meeting occurs in a public place does not destroy the privilege, if no one hears the conversation.”

– Associate Justice Robert J. Lynn of the New Hampshire Supreme Court, in an opinion upholding the existence of the attorney-client privilege, despite the fact that an attorney discussed confidential information with his clients at a meeting that was open to the public.

Female attorneys must be on the same cycle in Illinois, because based on all of the ethics complaints that have come down the pipeline, they’ve been acting a little crazy.

Today’s tale of alleged attorney misconduct comes to us as a result of a former public defender’s behavior in court. It’s nowhere near as juicy as the allegations against Reema Bajaj or Tamara Tanzillo, but it’s certainly a cautionary tale for lawyers everywhere who get a little hot-headed when they’re arguing before the bench.

Before you can say “oh sh*t,” let’s get down to the allegations….

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... except when it's forced upon us.

As we mentioned in Morning Docket, Chief Judge Jonathan Lippman of the New York Court of Appeals announced yesterday that a new bar admission hurdle would be foisted upon would-be lawyers in the state, in the form of a 50-hour pro bono requirement.

Apparently poor people in the Empire State have been having trouble securing legal services, so what better way to assist them than to force similarly situated people to come to their aid? Instead of relying upon existing attorneys to lend a helping hand to those in need, Judge Lippman has chosen to force the task upon those who have no choice but to obey.

Chief Judge Lippman had a good idea, but it’s a bit misplaced. Let’s discuss what the new pro bono requirement means for you, and delve into what others are saying about it….

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Yeardley Love

* Dewey get to see a member of this firm’s chairman’s office strut for a perp walk in the near future? After all, partners reportedly say that it’s thanks to him that D&L may close up shop “as early as next week.” [Law360 (sub. req.)]

* De-equitize this: Oh, how Biglaw firms in America wish that they could return to merry old England, where mandatory retirement policies for old fart partners are the norm, and the courts agree. [Legal Week]

* “We’re about to beat a dead horse here.” Even the judge presiding over the John Edwards trial got pissed when the defense repeatedly asked variations of the same question on cross-examination. [MSNBC]

* Ain’t no shame in his game (well, actually, there is). Judge Wade McCree’s lawyer says he’s sure the judge is sorry for his sext messaging. Yeah, sorry he got caught. [Detroit Free Press]

* Is this the first test of the “ministerial exception” in the Perich case? A teacher at a Catholic school was fired for getting in vitro fertilization treatments, and now she’s suing. [CNN]

* Insert your own UVA joke here, bro. Yeardley Love’s family has filed a $30M wrongful death suit against former college lacrosse player, George Huguely V. [Washington Examiner]

Despite all the brouhaha surrounding Magistrate Judge Andrew Peck‘s recent predictive coding ruling, the gates on the cutting-edge electronic discovery technology appear to be opening. Not the flood gates, but the kind of gates big enough to let deer into your back yard.

We have another case this week, from a small county court in Virginia, where a judge has ordered predictive coding despite the plaintiff’s objections. Keep reading to hear about the latest technology-assisted review in litigation.

UPDATE (4:00PM 4/26/12): We’ve obtained the plaintiffs’ motion, as well as the defense’s response. You can see them below…

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Judge Wade McCree

Just when you think you’ve seen it all, another judge goes and pulls a Weiner. In case you haven’t heard, Wade McCree, a state judge from Michigan, has been accused of sending nearly-nude photos to a bailiff via sext message. That’s right, we’ve got judicial divos posing for male pin-up shots right here in America (sorry to steal your Canadian thunder, Madam Justice Lori Douglas).

As they say on the internet, TTIWWOP — “This Thread Is Worthless Without Pictures.” Well, we’ve got one (safe for work, of course)….

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Over the past week, while the Bay Area has been rainy, windy, and generally ugly outside, folks in my old Chicago stomping grounds have been enjoying the upside of global warming.

I know the sun is a nice, unexpected reprieve from the nine-month Midwestern winter. Unfortunately, the mini-heatwave has not brought any relief from the hot air that notoriously blows from government buildings in Cook County.

Earlier this month, a local judge was unceremoniously removed from her courthouse and arrested for assault. My colleague Staci Zaretsky might have called her a judicial diva, but I think this jurist is more of a Mike Tyson type…

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It’s time to announce the winner of February’s Lawyer of the Month competition. The slate of candidates our readers voted on was full of judicial divas, and their respective antics definitely overshadowed the rest of our competitors’ deeds (or misdeeds).

In a month where a lawyers filed a dozen class action lawsuits against law schools, you shrugged. In a month where a former Cravath associate lost his law license, you looked the other way. Instead, you opted to vote for a man who we assume to be a card-carrying member of the NRA.

Let’s take a look at February’s Lawyer of the Month. Grab your glocks when you see Tupac this judge….

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When we last checked in with the justices of the Wisconsin Supreme Court, one justice stood accused of allegedly choking a bitch in chambers (no, not the “total bitch” that he had previously threatened to “destroy” — another one). Although the kerfuffle did not result in any criminal charges, it seems that Justice David Prosser isn’t as charismatic as Wayne Brady, because now he’s facing possible ethics sanctions over the two incidents.

What did the outspoken justice have to say about the request for sanctions?

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