State Judges

This week, a Los Angeles County Superior Court found that five of California’s laws governing teacher retention violated the rights of schoolchildren under the equal protection clause of the California Constitution. Judge Rolf Treu issued a tentative decision in Vergara v. California, agreeing with plaintiffs that the provisions on firing public-school educators resulted “in grossly ineffective teachers obtaining and retaining permanent employment, and that these teachers are disproportionately situated in schools serving predominantly low-income and minority students.”

 

The United States Constitution, of course, provides no fundamental right to education. (Franklin Roosevelt’s “Second Bill of Rights” doesn’t count.) For example, in San Antonio Independent School District v. Rodriguez, the U.S. Supreme Court refused to apply strict scrutiny to a claim that the Texas funding scheme for public schools violated the equal protection rights of poor and minority students. The Court did so in part because it found no federal fundamental right to education.

 

The California Constitution, though, does provide for a fundamental right to education in its Article 9, Sections 1 and 5. In light of that, Judge Treu applied a strict scrutiny standard to the laws in Vergara. He concluded that the laws caused a violation of California children’s right to equality of education…

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For those of you who covet the intellectual and professional opportunities that come with clerking for a judge, choosing a law school that will enhance your prospects is pretty important. Make no mistake, no school is going to guarantee a clerkship. Nor will attending a school with historically low representation in clerkships automatically nuke your chances. But, a school with a high placement rate reflects the school’s reputation with judges, the influence of its professors, and the strength of its clerkship process advisors.

Bob Morse of U.S. News has released a breakdown of the schools securing the most clerkships. And more importantly, he breaks out the best schools for federal clerkships and state and local clerkships.

So which law school is the best represented? OK, it’s Yale. But who else is at the top of the list?

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Judge John C. Murphy of Brevard County, Florida was feeling a bit like Judge Dredd yesterday morning. Video captured him verbally sparring with an experienced assistant public defender, Andrew Weinstock, before requesting Weinstock visit him in his “Chambers of Doom” (a.k.a. the hallway) for some actual sparring.

Looks like we need to come up with a new term beyond “benchslap.”

Cue Michael Buffer: “Let’s get ready to RUMMMMMBLLLLLLE!”

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One is an outlier. A sad reminder of the legal profession’s struggle with alcoholism. Two is a curiosity. Perhaps a coincidence? But when three judges, all from the same court, get charged with DWI over the course of a mere six months, you’re looking at a trend.

Just this morning, the third judge in this trend was handcuffed and led away from the scene of an accident. In this case, the courtroom parking lot. That’s right, she’s accused of running over the gate to the lot and then ramming a parked sheriff’s car.

At 8:00 a.m.

There must have been an awesome special on mimosas at the local IHOP knockoff….

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Entry-level Biglaw salaries soon?

* The times are a-changin’ for Biglaw in many ways, and lawyers may soon see their starting pay take a dive because clients think they “continue to be too expensive.” [WSJ Law Blog]

* Foley & Lardner plans to shutter its San Diego shop, following in the footsteps of other Biglaw behemoths. Not to worry, no one’s been laid off — that we know of, that is. [Am Law Daily]

* Say hello to Alabama Law’s new dean, Mark Brandon. Maybe he’ll be the man to propel the school to a #5 ranking in a publication other than National Jurist. ROLL TIDE! [National Law Journal]

* Earlier this week, an Idaho judge struck down the state’s ban on gay marriage, and now she’s refusing to issue a stay. Good on you, judge, but the Ninth Circuit may put those marriages in limbo for a while. [NPR]

* Speaking of judges who’re refusing to stay same-sex marriage rulings, last night, the Arkansas Supreme Court turned down the state attorney general’s request to put a stop to marriage equality. [USA Today]

* A lawyer working as Board of Education president in Mahopac, New York, resigned from his position after calling a PTA volunteer a “chubby wubby” at a school board meeting. That’s not very nice. [Journal News]

David Audlin

In January, we brought you word of a Florida state-court judge who posted a sex ad on Manhunt. We covered the news, first broken by JAAblog, since we are fond of stories about sexy judges. But we did not judge. Instead, Staci Zaretsky wrote of Chief Judge David Audlin, “more power to him if [the photos are] real. Everyone needs to get some, even judges.”

Last week, Judge Audlin resigned from the bench, apparently because of L’Affaire Manhunt. With all due respect to the judge, this strikes me as a bad decision….

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* Florida is woefully unprepared for a zombie apocalypse. [Lowering the Bar]

* Congratulations to Sujit Choudhry on being named dean at Boalt Hall. [Prawfs Blawg]

* Justice Scalia is a delusional hack. Well, that’s not really news… [Salon]

* Just how suspect was that referendum on Crimean annexation? Even the Russian government is questioning it. [The Volokh Conspiracy / Washington Post]

* A look at how Lauren Giddings’s killer could have gotten free. [The Telegraph (Macon)]

* The KABA and JABA have issued a joint statement on the lawsuit surrounding the Glendale, CA, Comfort Women Memorial. [Korean American Bar Association / Japanese American Bar Association]

* A governor’s cronies get the plum state judgeships. That may not be surprising, but the negative impact it has on the quality of the judiciary deserves more attention. [The Center for Public Integrity]

* I’d never heard of “The Full Kagan,” and I’m not sure I want to know what it relates to. [Excess of Democracy]

* Much has been made of federal prosecutors failing to go after the “Too Big To Fail” banks. After the jump is a primer on why they haven’t. [Bloomberg TV]

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* Mistrial declared after defendant shot in the chest in front of the jury. Judge, remarkably, phrases it like it wasn’t a foregone conclusion. Unfortunately, a few minutes ago the FBI confirmed that the defendant has died of his wounds. [USA Today]

* Here are some signs you were meant to be a lawyer. They’re actually not all that great. Probably should have included: “You padded your hours when your mom asked how much time you’ve spent on your homework” or “You introduced your little brother as your associate… and your pets as paralegals.” [Survive Law]

* 21 Jump Fail. Cops embed a 20-something officer in a high school to pester special-needs kid into selling drugs. Judge is not amused. He probably saw the Channing Tatum/Jonah Hill version. [Rolling Stone]

* Prosecutors told a guy to let a newspaper write about his drunk driving case as part of the plea deal. They’re really trying anything to save print media aren’t they? [Jim Romensesko]

* If you went to law school in New York, then the job market’s a little better for you this year. Sorry, rest of the country. [Adjunct Law Prof Blog]

* Congratulations to Paul Lo, who became the first Hmong judge in U.S. [Merced Sun Star]

* The Aereo case going before the Supreme Court in one helpful video after the jump… [Bloomberg News]

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Judges can be really picky about courtroom attire. Some think women dress like ignorant sluts (they were probably showing elbows). Others hate ascots and comfortable shoes. On the other hand, apparently some let lawyers wear rented costumes. Judges are gods and goddesses of their domain and lawyers have to be ready to adhere to the whims of the bench.

Even if the judge’s whims are ridiculous.

Like this judge who got bent out of shape just because a male lawyer was having a pants off dance off in her courtroom….

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Something like this is a no-no in several states.

* Leonard M. Rosen, one of the name partners of Wachtell Lipton Rosen & Katz, died earlier this week. Our very own Managing Editor David Lat once sat three doors down from this respected restructuring maven. Rest in peace. [Bloomberg]

* A judicial ethics board has recommended that this judge be removed from the bench because she once “sold out her clients, her co-counsel, and ultimately herself.” Oh Flori-duh, you give us so many reasons to <3 you. [Sun Sentinel]

* Gov. Christie named Dean Patrick Hobbs of Seton Hall Law as ombudsman for New Jersey’s executive branch. Congrats, but looks like Seton Hall may need a new dean. Update: Nope, it’s just part-time. Huzzah for Seton Hall! [New Jersey Law Journal]

* A woman working in retail was put on four months of forced maternity leave when she was four months pregnant. She’s due after her forced maternity period is up. Of course she’s suing. [Los Angeles Times]

* ICYMI, here’s a list of all of the fine states in America where blowjobs are illegal, but necrophilia is a-okay — or “anti-blowjobs, corpse-sex-friendly states,” as Adam Weinstein ever so eloquently puts it. [Gawker]

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