Chronicling the high cost of our legal system
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Washington Supreme Court Justice Richard Sanders, who won a moment of fame nationally for heckling then-Attorney General Michael Mukasey at a dinner, may conceive himself as a champion of the underdog, but if the Seattle Post-Intelligencer’s coverage is accurate, he doesn’t always manage to convey that stance in the most felicitous way: “Sanders said his job as a Supreme Court justice is to make sure ‘the smallest dog can lift its leg against the largest tree.’”
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Ken at Popehat cops to an unworthy (but realistic-sounding) reason.
First came the character assassination aimed at Judge Martin Feldman, then came the death threats [Jeff Crouere, BayouBuzz via Wood/PoL, earlier]
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I can’t say I’ve made a study of Judge Graves’ overall career as a jurist in the Mississippi state courts, but if his record presiding over the notorious O’Keefe v. Loewen trial is at all typical, his wouldn’t exactly be a name high on my list. [AP/Law.com]
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In perhaps a gingerly manner, the Boston Globe profiles Howard M. Cooper, who has established a busy niche as the go-to lawyer for judges who want to sue news outlets for alleged defamation, after getting good results for Judge Ernest Murphy.
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Ohio: “A state court judge demands $50 million from the Cleveland Plain Dealer, claiming it wrongfully exposed her and her daughter as the source of online comments about the judge’s cases, including a criminal prosecution over the murder of 11 women. Cuyahoga County Court of Common Pleas Judge Shirley Strickland Saffold and her daughter, Sydney, seek damages for fraud, defamation, tortious interference, breach of contract, and invasion of privacy. ” [Courthouse News, Solove/Concur Op] Earlier here.
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Regarding “That nice Mr. Smith does not have to pay this personally, does he?“, Australian correspondent Malcolm Park writes:
“One of my favorites regarding the jury’s generosity/magnanimity when dealing with someone else’s money is from Fred Shapiro’s Oxford Dictionary of American Legal Quotations (1993) page 106 quoting Samuel P. Sears, ‘In Defense of the Defense’, 25 Insurance Counsel Journal 428 at 429 (1958):
We have a judge in Boston named Donahue, who is indeed brilliant, but a character. A couple of years ago, a jury case was being tried before him, a personal injury case, and the jury sent a note in to him with a question asking if, even though there was not any liability, could they still give the plaintiff some money. The judge sent for the jury. He said to them, “I have your written question, and I assume from the question that you have found there is no liability.” The foreman said, “That is so, Your Honor.” He said, “All right, sign this slip then.”
After they had signed the slip, which directed a verdict for the defendant, he said, “I will now answer your question. You may retire to the jury room and pass the hat.”
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Look before you leap, Iowa Rep. Schultz [Ed Brayton]
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A Houston Chronicle article claims that discipline is too infrequent and too secret (via WSJ Law Blog)
Allegations of $2,000 in an envelope, constant requests for cash, false financial filings, and much else besides, figure in the House impeachment proceedings against a Louisiana jurist. [ABA Journal]
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Radley Balko reports on what Google proceeds to suggest based on search popularity.
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When you hear a judge praised for his literary skill in writing opinions, remember the fate of Carrie Buck [Terry Teachout]
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By Peter Robinson, at Uncommon Knowledge (site):
Lawyering is an essential component of democratic capitalism, but too much lawyering can be too much of a good thing. A disproportionate amount of our talent in the United States goes into law as opposed to business, which creates wealth. Lawyers redistribute the wealth, but they do not generally produce wealth.
Judge Silberman’s classic 1978 article, “Will Lawyering Strangle Democratic Capitalism?” — originally published at my old magazine Regulation, though before my time there — is available in PDF form from Cato here.
Related: “Scalia: ‘We Are Devoting Too Many of Our Best Minds to’ Lawyering” [WSJ Law Blog]
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