In Hong Kong, Judge Wilson Chan got on the wrong side of a benchslap when the appellate court called him out for issuing an opinion that was “over 98%” copied straight out of the briefs. Say what you will about ChatGPT, but at least it tries to be original. Sometimes too hard.
Roll on Friday covered the story of Judge Chan’s reckoning, which began with medical ointment trademark and ended with the judge needing to salve his professional wounds:
In appealing the decision, the defendants argued that the main differences between the claimants’ submissions and Chan’s judgment were “cosmetic changes” such as replacing abbreviations (e.g. “Ds” with “the defendants”) and also a “wrap up” section at the end which contained orders and directions only.
Judge Chan had failed to make an independent judgment and did not provide sufficient reasons for finding in favour of the claimant, said the defendants. And his actions demonstrated a lack of “independent thinking.”
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It takes it to another level to plagiarize in an intellectual property case.
As it turned out the Court of Appeal sided with the defendants and determined that the level of copying involved showed that the judge had not rendered as independent decision. The case is slated for a new trial with a different judge.
Meanwhile, in the United States, judges get away with lifting language from filings all the time. Judge Posner called out this practice several years ago when he joined the cause in a pro se matter where the judge had substantially lifted government briefing, apparently blowing off the pro se litigant’s arguments entirely. As the Posner brief (prepared along with Matthew Dowd) noted:
Perhaps worse yet, the district court’s opinion dismissing Bond’s original complaint was little more than copying and pasting from the Government’s motion. The district court’s laziness leaves a pro se litigant with the perception that the judge did not independently analyze Bond’s complaint. The district court’s actions create the impression of plagiarism and an abdication of its independent judicial duties.
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Unlike the Hong Kong case… Posner’s efforts were shrugged off. Seems like the United States would prefer its courts to instill more public confidence in its judicial system than a government that routinely jails lawyers, but here we are!
Judge caught in plagiarism shocker [Roll on Friday]
Earlier: Judge Posner Chastises District Court’s ‘Laziness’… And He’s Got A Point
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.