Litigation

MI High Court Rebukes Former Justice

Posted on November 22, 2010
During a heated election season, a former Michigan Supreme Court justice surprised observers when she disclosed a partial transcript she had made from a secretly recorded conference with her fellow justices. Today, the high court issued a letter censuring former Justice Elizabeth Weaver for her actions...

Political Disclosure Upheld in Rhode Island

Posted on November 22, 2010
It isn’t always easy for Gavel Grab to stay on top of litigation filed by Indiana-based lawyer James Bopp in states across America. So Gavel Grab will use the occasion of a Providence Journal article about Bopp to update readers on the status of litigation that Bopp brought there in  September on behalf of the [...

Washington Post: ?Confirm Judges Now?

Posted on November 22, 2010
Although plenty of players are to blame for delays in confirming federal judge picks, the delays are “unconscionable” and the Senate must move quickly to confirm the nominees, a Washington Post editorial says. The editorial suggests blame can be shared by President Obama, Senate Democratic Leader Harry Reid and Senate Republicans, whose stalls “are undoubtedly [...

Editorial Urges ?Full Public View? of IA Selection

Posted on November 22, 2010
The process for selecting three new Iowa Supreme Court justices must be carried out “in full public view” in order to restore public confidence in the courts, declares an editorial in a leading state newspaper. The Des Moines Register editorial is headlined, “Let [the] public see how judges are selected...

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On Judging the Ethics of Justices

Posted on November 19, 2010
Supreme Court justices need to set clearer rules about partisan political activity, Dahlia Lithwick writes in a Slate commentary, entitled “Running with gavels.” Lithwick recaps questions that have been raised recently about ethically appropriate conduct by justices and also their spouses...

IA Judicial Selection Grabs Spotlight

Posted on November 19, 2010
Making public the applications of candidates for judgeships in Iowa could build more trust in the state judiciary, a new Iowa Court of Appeals judge said. “My view is perhaps an addition of transparency is a good thing for the nominating process and I think one place might be to have these confidential questionnaires not [...

Senior Judge Pleads Guilty on 2 Drug Counts

Posted on November 19, 2010
Senior U.S. District Judge Jack T. Camp Jr. pleaded guilty Friday to two drug-related charges, including a felony charge of giving drugs to a stripper while aware she was a convicted felon. Asked whether the charges against him were accurate, Judge Camp answered in court,  “I regret … I am embarrassed to say it is, [...

Terror Trial Debate Fires Up Anew

Posted on November 19, 2010
Major newspaper editorial boards, politicians and activists have quickly joined in an impassioned and sharp debate over civilian trials for terror suspects, reignited by a mixed jury verdict in the case of Ahmed Khalfan Ghailani (drawing at left). The “fierce criticism” that erupted over the verdict cast “new doubts on the Obama administration’s goal of [...

Judicial Elections, ?Popular Constitutionalism? Explored

Posted on November 19, 2010
Judicial elections are examined through a different lens in a new law review article evaluating them in light of the theory of popular constitutionalism–and also evaluating that theory in light of judicial elections. David Pozen looks at the topic in “Judicial Elections as Popular Constitutionalism,” in the Columbia Law Review and available through the Social [...

Five Pro-Ouster Groups Spent $948,000 in IA

Posted on November 18, 2010
Five out-of-state special interest groups pumped $948,000 over a two-month period into the successful campaign to oust three Iowa Supreme Court justices, according to an Iowa Independent article published today. Meanwhile, another possible GOP presidential contender in 2012 has spoken publicly about the ouster vote in Iowa’s retention elections...

WV Public Financing Pilot Program Takes Off

Posted on November 18, 2010
A pilot public financing program for the 2012 West Virginia Supreme Court elections has received its first contributions, along with public statements of support. A group called The Citizens for Clean Elections held a news conference this week to commend the pilot campaign financing initiative, and to report the receipt of its first $1,800 in [...

Prop 8 Appeal Hearing to Be Televised

Posted on November 18, 2010
When the Ninth U.S. Circuit Court of Appeals holds a hearing on the California’s same-sex marriage ban, the Dec. 6 proceeding will be televised live on C-SPAN. A federal district judge in San Francisco found the ban unconstitutional, and supporters of the measure, called Proposition 8, have appealed...

Verdict Revives Debate Over Detainee Trials

Posted on November 18, 2010
A new round of debate is brewing over whether to try terrorism suspects in civilian courts, after a jury in New York acquitted Ahmed Khalfan Ghailani of all but one of more than 280 charges of conspiracy and murder. ?This is a tragic wake-up call to the Obama Administration to immediately abandon its ill-advised plan [...

Scholar: Lack of Supreme Diversity ?Unhealthy?

Posted on November 17, 2010
A respected scholar who has served in the Justice Department is pressing Congress to bring more diversity, in terms of geography and background, to the U.S. Supreme Court. Professor emeritus Daniel Meador of the University of Virginia judged the current situation “unhealthy,” according to a letter he wrote to Senate Judiciary Committee Chairman Patrick Leahy, [...

Breyer Mulls Facebook and Constitution

Posted on November 17, 2010
Even though the Supreme Court doesn’t have a Facebook page, it’s time for the court’s justices to adapt to a Facebook world, Justice Stephen Breyer says. He was puzzled when he saw a movie called “The Social Network” about the beginnings of Facebook, Justice Breyer told an audience at Vanderbilt Law School...

Senate to Vote on Controversial Nominees?

Posted on November 17, 2010
Senate Democratic leaders appear close to forcing votes on a group of controversial federal court nominees picked by President Obama. Democrats may move soon to cut off debate on the nominees through a device called a cloture petition, Sen. Sheldon Whitehouse of Rhode Island said, according to an article in the Blog of Legal Times [...

Merit Selection (I): Shift Proposed in MT

Posted on November 17, 2010
To protect judicial impartiality, retired Chief Justice Karla Grey says she will propose to the Montana legislature that it switch from nonpartisan election of judges to a merit selection plan. ?The election process is tainted once it becomes a political race,? Justice Gray said at a public forum, according to a Billings Gazette article...

Merit Selection (II): Revisions Needed in AZ?

Posted on November 17, 2010
Taking a cue from Election Day results in Nevada and Iowa, the author of an Arizona Republic commentary suggests making some changes to the way judges are selected in the Grand Canyon state. Robert Robb suggests in the newspaper commentary that Arizona’s merit selection system has served the state well, but “a critical mass of [...

Gingrich: Four IA Justices Should Quit

Posted on November 17, 2010
Four Iowa Supreme Court justices unaffected by the Election Day ouster of three fellow justices ought to resign, former House Speaker Newt Gingrich said. Gingrich, a Republican, is considered a potential presidential candidate in 2012. He discussed the justices at a book-signing ceremony, according to a Des Moines Register blog post...

Who Will Appoint Three IA Justices?

Posted on November 16, 2010
If he has the opportunity before stepping down Jan. 14 in defeat, he will name three new Iowa Supreme Court justices, Gov. Chet Culver says. A nonpartisan nominating panel will send the names of finalists to Iowa’s governor in a process that could be done by Jan...

Kagan Brings ?Practical Twist? to Questioning

Posted on November 16, 2010
The newest Supreme Court justice, Elena Kagan, never was a judge before and sits at one end of the bench. She could sit on the margins of quickly unfolding oral arguments, but that is not the case, a USA Today profile asserts. Justice Kagan has shown she can cut to the core of an issue, [...

Retention Elections: The ?New Battleground??

Posted on November 15, 2010
www.youtube.com/watch?v=XbhGHLTrObY A stealth campaign by conservative groups didn’t succeed in ousting two Florida Supreme Court justices, but it was a part of 2010 retention elections that worry some legal observers anyway. “Retention elections around the country are becoming the new battleground,” said Becky Kourlis, executive director of the  Institute for the Advancement of the American [...

When Recusal is Shrouded in Mystery?

Posted on November 15, 2010
You can expect to hear a good deal more about the practices of Supreme Court justices in deciding whether to disqualify themselves in certain cases, if for no other reason than the influential New York Times is writing a lot about it. Not only did the Times publish an editorial and an article tied to [...

Obama to Punt on Prosecuting KSM?

Posted on November 15, 2010
Will the Obama administration effectively punt on a decision about where to try accused 9/11 mastermind Khalid Shaikh Mohammed? It may be a serious possibility. Mohammed “will probably remain in military detention without trial for the foreseeable future, according to Obama administration officials,” according to a Washington Post article...

Editorial: ?Give Crooked Judge the Boot?

Posted on November 15, 2010
A Louisiana newspaper isn’t vacillating on an upcoming Senate vote to impeach federal Judge Thomas Porteous. A Times-Picayune editorial, entitled “Bench is not for crooks,” states its views baldly: “Impeachment is a serious proceeding...

Candidates Eye Public Funds in WI Race

Posted on November 15, 2010
Two challengers and an incumbent plan to take advantage next year of a new Wisconsin law providing public financing for state Supreme Court candidates. One expected candidate, Madison lawyer Joel Winnig, doesn’t really expect to win election. Yet he hopes he can help boost the state’s public financing law through his candidacy and bring a [...

Monday Gavel Grab Briefs

Posted on November 15, 2010
In these other dispatches about fair and impartial courts: Washington Supreme Court Justice Richard Sanders has “all but conceded” an election to challenger Charlie Wiggins. The challenger led after two weeks of vote counting, with a margin of more than 5,700 votes out of more than 1...

?Think About Resigning,? IA Justices are Urged

Posted on November 12, 2010
Four Iowa Supreme Court justices ought to consider stepping down now that voters have cast ballots to remove three of their colleagues, a leader of the successful ouster campaign said. Bob Vander Plaats of Iowa for Freedom isn’t asking for resignations right now, he said, but for the justices to weigh last week’s vote, Radio [...

Supreme Court: Military Gay Ban Stands, for Now

Posted on November 12, 2010
The Supreme Court won’t step in to halt enforcement of the  “don’t ask, don’t tell” ban on gays serving openly in the military. A federal judge in California enjoined enforcement in October of the ban (see Gavel Grab), but an appeals court later allowed the ban to remain while considering an appeal by the Obama [...

CA Judge Will Step Down Over Misconduct

Posted on November 12, 2010
Superior Court Judge Judge DeAnn M. Salcido of San Diego, California, accused by the State Commission on Judicial Performance of 39 instances of misconduct, will resign her judicial post and accept censure by the agency. The judge accepted the censure “for a series of comments that were alternately mocking, rude and snarky to litigants, lawyers [...

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