Posts Tagged ‘judicial elections’

“Judge Kozinski: Time to Rein in Prosecutors”

“In the latest issue of Georgetown Law Journal, Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals turns a critical gaze toward America’s criminal justice system. …one of [the essay’s] major themes is prosecutorial advantage, both in federal and state courtrooms.” Among his topics: judges’ and federal authorities’ reluctance to name or charge misbehaving prosecutors. He thinks the U.S. Department of Justice should drop its opposition to “a bill proposed by Republican Sen. Lisa Murkowski of Alaska in 2012 — called the Fairness in Disclosure of Evidence Act — that would require federal prosecutors to disclose any evidence ‘that may reasonably appear to be favorable to the defendant in a criminal prosecution.'” (The Department currently follows a less demanding standard on disclosure of adverse evidence). Kozinski also “favors abolishing state judicial elections, among other recommendations.” [Jacob Gershman, WSJ Law Blog; Alex Kozinski, “Preface,” Georgetown Law Journal Annual Review of Criminal Procedure 2015]

February 5 roundup

  • In November I wrote in Jurist on a Third Circuit panel’s refusal to order that sports great Jim Thorpe be disinterred and reburied under provisions of the Native American Graves Protection and Repatriation Act (NAGPRA); in response, Elizabeth Varner, Diane Penneys Edelman and Leila Amineddoleh of the Lawyers’ Committee for Cultural Heritage Preservation argue that the panel could have based its result on specific language in the statute rather than via the roundabout path it did take [Jurist]
  • Electing judges, a relic of Jacksonianism, still generating problems today [John Steele Gordon, Commentary]
  • “Obama issues ‘executive orders by another name'” [USA Today on Presidential “memoranda”; earlier on executive orders]
  • “Legislators Say E-Cigarette Companies Are Bound by an Agreement Reached Before They Existed” [Jacob Sullum]
  • Woman upset at exclusion of service kangaroo but agrees to leave McDonald’s [AP, Wisconsin News, earlier (although local law may vary, federal government these days takes view that aside from qualified dogs and some miniature horses, ADA does not require businesses to accept customers’ service animals)]
  • Join the crowd: “Various plaintiffs v. various defendants,” an actual case caption [Lowering the Bar]
  • “..the very kind of odious racialization of politics that Congress wrote the Voting Rights Act to forbid” [Ilya Shapiro]

November 13 roundup

  • Italian appellate court overturns conviction of seismologists on manslaughter charges following 2009 L’Aquila earthquake [Lowering the Bar, earlier]
  • “The most ominous outcome in last week’s election: A band of big-bucks civil attorneys almost picked off an Illinois Supreme Court justice because they believe he’s a threat to their big paydays.” [Chicago Tribune on Karmeier retention] More: lawyers aren’t through with him yet [Madison County Record]
  • They were expecting any different? “Landlords Say de Blasio Ignores Their Plight” [New York Times]
  • “Liberties,” they said: New York Civil Liberties Union represented complainants who got couple fined $13,000 for not renting farm for a same-sex wedding [Ann Althouse]
  • Michael Greve on citizen suits, deadline-forcing consent decrees, and “sue and settle” [Liberty and Law] Why Germany rejects the citizen-suit device [same]
  • Harry Reid planning to push through large number of nominees in lame duck session, few more controversial than Sharon Block at NLRB [On Labor] (7 a.m. Thursday update: White House withdraws Block)
  • Maricopa County, Ariz. sheriff and perennial Overlawyered favorite Joe Arpaio sues building owners after sidewalk trip/fall “as he headed to a restaurant to get a bowl of soup” [AP/Yuma Sun]

October 31 roundup

  • “Government Is the Biggest Threat to Innovation, Say Silicon Valley Insiders” [J.D. Tuccille, Reason]
  • Acrimonious split between Overlawyered favorite Geoffrey Fieger and long-time law partner Ven Johnson [L.L. Brasier, Detroit Free Press]
  • Case against deference: “Now More Than Ever, Courts Should Police Administrative Agencies” [Ilya Shapiro on Perez v. Mortgage Bankers Association; boundary between “interpretive” and “legislative” agency rules]
  • “The Canary in the Law School Coal Mine?” [George Leef, Minding the Campus] Ideological diversity at law schools [Prof. Bainbridge and followup]
  • Familiar (to economists) but needed case against state auto dealership protection laws [Matt Yglesias, Vox; our tag]
  • Trial lawyers dump millions into attempt to defeat Illinois high court justice Lloyd Karmeier [Chamber-backed Madison County Record, Southern Illinoisan]
  • A genuinely liberal regime would leave accreditation room for small Massachusetts college that expects students to obey Biblical conduct standards [Andrew Sullivan, more]

Illinois Supreme Court battles

Really, the headline is as good an introduction to this tangled web as any: “Clifford firm contributes $150K to unseat Justice on the same day he’s in court saying campaign money corrupted Supreme Court.” [Madison County Record, related post ten years ago] Also, Illinois election officials say the state may need to have a slow Election Night [The Southern Illinoisan]

Mostyns’ generosity to a Texas judge

Paging the Brennan Center and Justice at Stake! “The law firm that profited the most from insurance suits in the aftermath of Hurricane Ike is sending hundreds of thousands of dollars into the campaign fund of the former judge who presided over the lion’s share of the litigation.” Houston plaintiff’s attorney Steve Mostyn and his wife Amber have vaulted into the ranks of some of the nation’s top political donors lately. [Chamber-backed Legal NewsLine; earlier on Mostyn]

Florida: “Trial lawyers who frequent the Supreme Court also financing pro-justices ads”

The retention campaign for liberal Florida Supreme Court Justices Fred Lewis, Barbara Pariente, and Peggy Quince is “outspending the opposition 20-to-1,” fueled by large donations from plaintiff’s injury law firms that practice before the court, such as the law firms of Wayne Hogan, Tom Edwards, and Fred Levin, Searcy Denney Scarola Barnhart & Shipley, Grossman Roth, and Pajcic & Pajcic — not to mention defense lawyers. [Orlando Sentinel]

P.S. And from which side do you think the left-leaning Justice at Stake detects a threat to judicial independence? Right. You guessed it. See also ABA Journal [proposals to cut state bar out of judicial nomination process classed among “legislative attacks” on independent judiciary. Meanwhile, no quantity of vitriolic and demagogic attacks on jurists over such decisions as Citizens United or Concepcion ever seem to get classed as menacing judicial independence].

Politics roundup

July 23 roundup

  • Oh, ABC: “America’s Wrongest Reporter” Brian Ross achieves another feat of wrongness [Hans Bader] “Don’t turn Aurora killer into celebrity” [David Kopel, USA Today] For the media: five tips on how not to misreport the gun angle [Robert VerBruggen, NRO]
  • Ed Brayton of Dispatches from the Culture Wars challenges me on the War For Roberts’ Vote, and I respond;
  • The “contains peanuts” warning on a peanut jar [Point of Law]
  • “California Stats Show Elected Judges Disciplined More Often than Appointed Judges” [ABA Journal] New Federalist Society guide on state judicial selection procedures;
  • “Science Quotas for Women–A White House Goal” [Charlotte Allen, Minding the Campus; Hans Bader] More: Heritage. “Title IX swings wildly at invisible enemy” [Neal McCluskey]
  • So that’s what his business card meant when it said he practiced at Loeb and Wachs [AP: “Hawaii attorney convicted in ear licking case”]
  • Rare occasion in which defendant is allowed to strike back: California appeals court says software executive can pursue malicious prosecution case against class action lawyers [NLJ]