As Patterico reports, Cyrus Sanai is shopping around a CD that he claims consists of downloaded material from Judge Alex Kozinski’s web site server.
Leave aside the arguable privacy violation. (I don’t think I fully endorse Lessig’s view on this–accessing a directory on a public website may be slightly creepy, but it’s not the same as breaking and entering a house to peer inside the photo albums in the den; it’s not even at the level of obnoxiousness as a guest inspecting the medicine cabinets of a host’s bathroom.) But one should view the contents of the CD (when its contents can’t be confirmed from search-engine caches or other third-party sources) only with the understanding that a Los Angeles Superior Court judge has previously found that Sanai “intentionally altered court documents” to mislead the court about required service of legal documents. (Update: Sanai says he has appealed this ruling, in a several-year-old litigation, on grounds of bias. Sanai also says the original judge, who the judge who made this ruling replaced, was also biased, though the appellate court made no such finding when it agreed to remand the case on a technicality to a second judge.)
You will recall that similar alterations of court filings resulted in legal discipline in Utah. In California, such a finding merely results in, well, nothing–the court didn’t even immediately sanction Sanai. How many other attorneys out there are practicing like this without so much as a slap on the wrist from the California bar?
And Judge Kozinski’s wife, Marcy Tiffany, a prominent attorney in her own right, defends her husband, and is rightly critical of the LA Times for timing its story for maximum disruption of a jury trial–she kindly mentions this site.