Quantcast
Icon

A Daily Record blog devoted to Legal Affairs

Judging trust in the judiciary

By:

Judge JudyHere’s another argument for cameras in the Supreme Court — it would make the judges more trustworthy.

That’s my conclusion after reading about Readers’ Digest’s list of the 100 most trusted Americans.

Among all members of the bench, Judge Judy had the highest score, of 51 percent. Next was Judge Joe Brown at 48 percent.

In between the two television judges was Justice Ruth Bader Ginsburg, who ranked 36th on the list, according to the ABA Journal. Justice Stephen G. Breyer was 43rd, Chief Justice John G. Roberts Jr. was 44th and Justice Anthony M. Kennedy was 49th.

The rest of the justices: Sonia Sotomayor (53); Elena Kagan (62); Samuel A. Alito Jr. (60); Antonin Scalia (66); and Clarence Thomas (88).

Tom Hanks tops the list, with 65 percent of those surveyed finding him trustworthy, followed by Sandra Bullock and Denzel Washington.

 

 

 

Category: judges, law, Supreme Court

Judges, feeling the pressure

By:

judgeJudges who are fed up with crowded dockets, low pay and inexperienced lawyers or pro se litigants are taking their frustration out in court, according to a recent story in The National Law Journal.

The paper reports a Florida judge was disciplined for screaming at an attorney because of the lawyer’s alleged bad attitude and a West Virginia family court judge was punished for telling a litigant to “shut up” or face jail time.

While not defending a judge losing his or her cool, legal observers said the immense pressure judges face has made these types of outburts almost inevitable.

“A fair number of judges are sitting at a low boiling point,” said Michael Downey, a partner at Armstrong Teasdalein in St. Louis who specializes in legal ethics.

Because of the rough economy, Downey said more litigants are deciding to represent themselves, while others are hiring less expensive but more inexperienced attorneys.

“People are coming in unprepared or with borderline arguments, at best,” Downey said.

And when a judge loses it, social media outlets like Twitter and YouTube allow the world to instantly see the outburst.

Sanctions against judges for poor demeanor, however, are not the only reason for an increase in judicial discipline. In 2012, sanctions that range from public admonition to removal from the bench went up by 5.7 percent compared with 2011, according to numbers from the American Judicature Society Center for Judicial Ethics.

Maryland’s Commission on Judicial Disabilities, which investigates complaints of judicial misconduct and imposes discipline when it finds that judges have acted improperly, has experienced a small increase in the number of complaints in recent years, according to their annual reports. The commission received 132 written complaints in 2012, in contrast to the 108 in 2006.

So what say you, On the Record readers? Have you seen a judge lose his or her cool or commit other acts of misconduct?

Category: judges, lawyer

Law blog roundup

By:

harrell and barberaWelcome to Monday — and Tax Day 2013. Here’s hoping for many happy returns as you take these news items into account.

– Two Maryland Court of Appeals judges watched as the U.S. Supreme Court considered their DNA-case opinions.

– Delays in justice reportedly afflict New York courts.

– A lawyer became a hero in a dispute between Chicago and apartment tenants.

– A Minnesota Supreme Court justice — and former Purple People Eater — has written a children’s book.

(Photo: Melissa Golden for The Wall Street Journal)

Category: Court of Appeals, DNA, football, judges, law, law blog round-up, Supreme Court, taxes

Chief Justice Taney returns to Supreme Court

By:

On prominent display at the Supreme Court is its darkest hour.

Chief Justice -- and former Maryland Attorney General -- Roger B. Taney

Encased in glass at the high court is the judicial robe worn by Chief Justice — and former Maryland Attorney General — Roger B. Taney, who wrote the 1857 opinion in Dred Scott v. Sandford that blacks are not U.S. citizens and therefore a slave had no standing to sue for his freedom.

The robe, on loan from the Historical Society of Frederick County, Md.,  is part of an  exhibition, “In War and In Peace: The Supreme Court and the Civil War.” The display states the Dred Scott decision “pushed the nation closer to Civil War.”

The exhibition mentions other Civil War era decisions, including Ex Parte Vallandingham, in which the Supreme Court held it had no jurisdiction over appeals from military tribunals, and The Prize Cases of 1863, in which the high court defined the battle between North and South as  a civil rebellion of high magnitude, not a war.

The display also credits Taney, historically scorned for his opinion in Dred Scott, with having ruled in Ex Parte Merryman in 1861 that President Abraham Lincoln lacked the authority to suspend the writ of habeus corpus even during wartime.

 

 

 

Category: Attorney General, History, judges, law, Supreme Court

You got to believe? Not really

By:

If you read to the end of an article at Slate.com about countries where you can be executed for being an atheist, you will find a mention of Maryland. No, not for that, of course, but Maryland is listed as one of seven states where it is illegal for an atheist to hold public office.

What’s up with that?

It’s in Article 37 of the state constitution, which reads, in part: “That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God.”

However, though the article remains, it was successfully challenged in 1961 by Roy R. Torcaso, who had refused to swear an oath in Montgomery County Circuit Court affirming his belief in God in order to become a notary public. Torcaso’s case went all the way to the U.S. Supreme Court, which ruled in his favor.

Associate Justice Hugo Black’s opinion said government may not “constitutionally force a person ‘to profess a belief or disbelief in any religion.’ [Government may not] constitutionally pass laws or impose requirements which aid all religions as against non-believers.”

Torcasco became a notary public, swearing to uphold the laws of Maryland and the U.S. Constitution, his obituary in the Washington Post said. He died in 2007 at age 96.

Category: election, government, judges, law

Law blog roundup

By:

Welcome to the first Monday in December, which means there are only 29 days until the Gator Bowl. Let’s kickoff the week with these news items.

– A venerable coffee maker, search engine and bookseller might find a British parliamentary investigation very taxing.

– Texan targets terrorists’ tweets.

– Military judge delays opening of WikiLeaks trial.

– Egypt’s top court goes on strike.

Category: football, judges, law, law blog round-up, starbucks, taxes

Scalia on the wrong side of parking laws

By:

Supreme Court justices: They’re Just Like Us!

While their job requires them to consider some of the most important laws in the country, they are not, apparently, immune to parking laws.

Justice Antonin Scalia received a parking ticket this week in Philadelphia while speaking at the private club, the Union League of Philadelphia, the Philadelphia Inquirer reports.

The Philadelphia Parking Authority ticketed Scalia though he displayed an official police business sign on his dashboard, as evidenced by a photo of the ticket

The ticket, however, is only for $26, which, compared to parking fines in the Baltimore-Washington region, seems like justice after all.

Category: Cars, judges, law, lawyer, Supreme Court

Why I did not vote on Bell’s successor

By:

I did not vote in The Daily Record’s recent poll on whom you think Gov. Martin O’Malley should name as the next Court of Appeals chief judge when Robert M. Bell retires July 6, his 70th birthday.

I could tell you the reason I did not vote is because my journalistic integrity does not allow me to play favorites, even anonymously, when it comes to the institutions and people I cover.

That would be only half right. The other reason is I am not very good at predicting high-court appointees.

It all started in the summer of 1990 when Justice William J. Brennan Jr. announced his retirement from the U.S. Supreme Court. The choice for his successor seemed obvious to me.

The then-U.S. solicitor general had stepped down from the U.S. Circuit Court of Appeals in Washington, D.C., to take the job under then-President George H.W. Bush. Certainly, this man would be Bush’s choice for the Supreme Court.

But Bush passed on Kenneth W. Starr and selected a lesser-known 1st U.S. Circuit Court of Appeals judge and former New Hampshire attorney general named David H. Souter.

I figured I’d quit while I was behind.

Category: Court of Appeals, judges, law, Martin O'Malley, Supreme Court, The Daily Record

Number of women on the bench continues to rise

By:

PUBLISHER’S NOTE

Dear Judge Avery, Judge Smith, Judge Barber, readers who have posted comments and those of you who have not written yet:

We were wrong and we are sorry.

It was never our intent to trivialize the accomplishments of women judges, and yet we did just that — and we did it at the speed of light and the Internet. We published a blog post that, while well-intentioned, contained an image and content that was insulting and demeaning. That offensive material has now been removed.

As publisher of The Daily Record, I personally assure you that we respect Maryland’s female judges. We elevate and celebrate the accomplishments and perseverance of successful women in all fields through our content, our events in general and our Top 100 Women and Leading Women programs in particular, as well as their related scholarship, networking and mentoring programs.

If there is an upside to this humbling lapse in judgment, it is the dialogue I have had with several of you, and the renewed energy and commitment it has given us to recognize the resolve, persistence and achievements of women in Maryland.

Once again, our apologies.

Suzanne Fischer-Huettner

***

The number of female judges in the United States continues to rise.

About 27.1 percent of federal and state judges are female, up from 26.6 percent in 2011 and 26 percent in 2010, according to a new study by the University at Albany Center For Women in Government & Civil Society.

In Maryland, women made up 33.7 percent of all total state and federal judges. Breaking the numbers down, 34.4 percent of Maryland’s state judges and 26.7 percent of its federal judges are women.

Maryland has the sixth highest percentage of women judges overall. Montana leads the country with 40.3 percent; Washington, D.C., is fourth at 37.2 percent.

Other findings from the study: women make up a total of 27.5 percent of state judges around the country; and the Northwest had the highest percentage of women judges at the state and federal level, at 30.4 percent.

Category: D.C., judges, law, Maryland, women, work

In-House Interrogatory

By:

Not surprisingly, this week’s question is all about the Supreme Court’s healthcare decision last week. We know everyone else is talking about it, but, hey, that just means all you general counsels are talking about it, too.

Asked: Our weekly question to the In-House community

General counsels are taking center stage this week in the aftermath of the Supreme Court’s healthcare decision. The Supreme Court voted to uphold President Barack Obama’s healthcare overhaul, including a requirement that individuals buy insurance.

General counsels both at healthcare companies and companies across the board that offer health insurance will be talking about the effects of the decision this week. Corporate Counsel talked to a general counsel who recommended a course of action in light of the decision.

According to the article, counsels should prepare for the decision in advance, mostly by letting potentially affected divisions of the company know how this could affect them. A general counsel should keep management in the loop for both scenarios and be ready to take action when the decision is made.

So, here’s our question for you:

How are you and your company dealing internally with the Supreme Court’s decision on healthcare?

Leave a comment below or email me.

Need to Know:

  • The biggest general counsel news this week is that Yahoo announced longtime general counsel Michael J. Callahan resigned. He leaves amid the legal department’s ongoing investigation into former CEO Scott Thompson’s academic record.
  • PetSmart Inc. has a new general counsel.
  • Our intern, @MattOwings (follow him!), takes a look at how local general counsels handle social media policies.
  • Ever wonder what it’s like to be the in-house counsel for The Walt Disney Company India?
  • Above The Law has advice on finding an in-house job.
  • Corporate Counsel looks at the challenges of hiring an international outside counsel.
  • Female general counsels say networking is the key to success.
  • More lawyers are going in-house in Western Australia, mate.
  • To get more in-house counsel news, sign up for our FREE monthly email newsletter, In-House Counsel. The newsletter is a compilation of The Daily Record’s coverage of in-house counsel news as well as job listings, movements within the industry and other resources. Click here to sign up today.
  • Follow us on Twitter for the In-House news and discussion: @TDRInHouse
  • Want the latest on who’s been hired, fired or moving and shaking in between? Head to our Movers and Shakers page to find out.
  • For networking events and other happenings this week in Maryland, check out our calendar of events.
  • Get the very latest updates from our law reporters on Twitter: @TDRKristi, @BenMook@Steve_Lash
  • Check out The Daily Record on Facebook.

Category: Business, health, In-House Interrogatory, insurance, judges, law, Supreme Court, women, work

Free Email Alerts

Enter your e-mail address:
Morning Update
Auction Notices
Real Estate Weekly
Solo and Small Firm Weekly
Special Offers & Events