“The parties do not need a judge; they need a rather stern kindergarten teacher” is just one of the “by turns sarcastic, exasperated, and downright hilarious” lines in this instant-classic ruling by a Toronto judge admonishing two affluent families living next door to each other to lay down their legal feud [National Post, Lowering the Bar, ruling in Morland-Jones v. Taerk]
“With respect, the majority opinion ignores the physical evidence, the expert testimony, the eye-witness testimony, and the laws of physics.” [from Purvis v. Grant Parish School Board, Louisiana Supreme Court, Feb. 14, 2014]
That’s Ann Althouse’s question. (The actual measure on the ballot would have increased the retirement age for New York judges from 70 to 80, which does not go as far as the federally enacted mandate applicable to private-sector employers, which forbids the prescription of automatic retirement at any age at all.)
The state’s chief judge, Jonathan Lippman, calls the old age limit “outdated,” and Althouse replies:
What is outdated about thinking that older persons hang onto their jobs too long and fail to open positions to younger persons with new perspectives and experience with life as it is lived today? What is outdated about thinking that judges, cloistered and cosseted by the respect their office commands, lack accurate feedback about how well they are really doing? What is outdated about thinking that the judges, with their sharp and hardworking ghostwriters (AKA “clerks”), are unusually shielded from having their failing competence exposed?
I would add that while many advocates of modern employment law insist that we regard “age discrimination” as if it were somehow a phenomenon parallel to prejudice on the basis of race or ethnicity, and odious for the same reasons if not to as high a degree, I see little evidence that the general public has been sold on that proposition.
They appear to have gotten one very conservative San Diego judge exiled to traffic court [Will Baude]
An attorney for a Pennsylvania Supreme Court Justice denies that there was anything improper about personal injury referral fees paid to the judge’s wife, who has also served as his chief aide over much of his time on the bench. Eight law firms are reported to have paid the judge’s wife referral fees; although most of the amounts have not been disclosed, one that was disclosed amounted to $821,000. Legal ethics expert Geoffrey Hazard said the judge “should not have participated in any case involving a firm that had been a source of referral fees for his wife. However, Bruce Ledewitz, professor of law at Duquesne University, said he did not think McCaffery was under an obligation to tell litigants about the referral fees.” An attorney for the judge “said the newspaper had engaged in a ‘slanderous campaign’ to pry into ‘Ms. Rapaport’s legitimate and proper legal business relationships with her colleagues.'” and said the law firm responsible for the large fee noted above had not had a case before the court. [Philadelphia Inquirer via Milan Markovic, Legal Ethics Forum; PhillyMag]
…are likely to be bad news in more ways than one [Belleville, Ill., News-Democrat on arrest of St. Clair County, Ill. Circuit Judge Michael Cook] St. Clair County is adjacent to Madison County in the Metro-East area of Illinois near St. Louis, and shares in its reputation as a “difficult” jurisdiction for unwary litigants. More: AP today.
“A Michigan judge whose smartphone disrupted a hearing in his own courtroom has held himself in contempt and paid $25 for the infraction.” [AP]
- “The Consortium has hired Arnold & Porter, and they can threaten whomever they want, the facts be damned.” [Popehat]
- Former Social Security administrators: NPR’s just imagining things, pay no attention to that report on the growth of the disability program [NADR.org, earlier] Ronald Reagan got rolled on the SSDI disability program, and we’re all paying the price [Avik Roy]
- Katrina qui tam: “Jury returns verdict for the Rigsby sisters against State Farm” [Freeland, earlier]
- Probate dispute had become cause celebre in Connecticut: “Judge Rules In Favor Of Caretaker In Smoron Farm Case” [Hartford Courant]
- Judge’s text message complains of “‘docket from hell,’ filled with tatted-up… gap tooth skank hoes” [Above the Law]
- “FTC Clarifies Obligations of Product Reviewers, But Does Not Ease Concerns” [DMLP]
- “Trump Dismisses ‘Spawn of Orangutan’ Lawsuit” [Lowering the Bar, earlier]
- If you’re one of those who occasionally send me links from the Alex Jones site InfoWars, now you know why I never use ’em [Dave Weigel]