Archive | Judicial Conduct

Frivolous Ethics Complaint Against Judge Sykes Dismissed

Last month, Rep. Louise Slaughter, Common Cause, and the Alliance for Justice filed an ethics complaint against Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit claiming that she had violated the Code of Conduct for federal judges by speaking at the annual dinner of the Federalist Society.  A similar complaint, […]

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Chief Judge Kozinski on His Critics

David Lat has a report on a recent talk that Chief Judge Alex Kozinski gave at Yale Law School. It sounds like it was quite an interesting event, as almost all Kozinski events are. And for those readers who remember my post last month about the oral arguments in United States v. Maloney, Lat reports: […]

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Are Conservative Judges Better? Evidence from Geoff Stone

Prof. Geoff Stone argues that conservative Supreme Court justices are more ideologically inflexible and less meritocratic than their liberal counterparts. His evidence for this is that Of the 20 law clerks appointed this Term by the five conservative Justices — Roberts, Scalia, Kennedy, Thomas and Alito, 18 of the 20 — or an astonishing 90 […]

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Criminal Contempt Punishment for Trial Judge’s “Inflammatory” Speech in Judicial Opinion?

I blogged about this case when such punishment was imposed, but yesterday the Third Circuit reversed (In re Kendall (3d Cir. Apr. 3, 2013)): After the Virgin Islands Supreme Court issued a writ of mandamus in a criminal case presided over by former Superior Court Judge Leon A. Kendall, he published an opinion chastising the […]

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“It Ain’t Pretty and We Should Not Pretend That It Is”

The broader context, from the dissent in In re Michels (N.Y. Comm. on Jud. Conduct Nov. 17, 2011): As a Commission, our duty is to respect both the First Amendment and the quandary this system imposes upon judicial candidates. It ain’t pretty and we should not pretend that it is. Therefore, we should give every […]

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Trial Judge Publishes Opinion With “Inflammatory” Criticism of Higher Court — Higher Court Finds Judge to Be in Criminal Contempt

That’s what happened in In re Kendall (V.I. Oct. 12, 2011); here’s the offending opinion by the trial judge. The criminal contempt finding is also partly based on the trial judge’s decision to recuse himself from the case, which the higher court said was based on the judge’s desire to avoid following the higher court’s […]

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Rates of Unpublished Opinions in the Different Circuits — And Especially the Fourth Circuit

I recently came across a new Fourth Circuit decision on a very interesting legal question addressed in an unpublished decision. In United States v. Makwana, the Fourth Circuit considered the proper interpretation of one of the provisions of the United States Sentencing Guidelines — §2B1.1(b)(14)(B)(i) , which gives a sentencing enhancement for an offense that […]

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Is it Unethical for Judges to be Facebook “Friends” With Lawyers who Appear Before Them?

As co-blogger Eugene Volokh notes, the Oklahoma Judicial Ethics Advisory Panel recently issued an opinion holding that it is unethical for judges to be Facebook “friends” with lawyers who appear before them. Back in 2009, I criticized a similar opinion issued by the Florida Judicial Ethics Committee: At first glance, it might seem as if […]

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“Humor is the Pepper Spray in the Arsenal of Persuasive Literary Ordnance”

“It is often surprising, disarming and, when delivered with precision, highly effective.” So writes Chief Judge Alex Kozinski, in an order dismissing a complaint of judicial misconduct against (apparently) Magistrate Judge Edward Chen. Here’s the full order: A pro se litigant charges that a judge made public comments that violated the Code of Conduct for […]

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Do Daughters Influence Judges?

David Zaring links to the abstract of an interesting study that suggests judges who have daughters rule differently in cases involving “women’s issues.”  Here’s the abstract: Social scientists have long maintained that women judges might behave different than their male colleagues (e.g., Boyd et al. (2010)). This is particularly true when it comes to highly […]

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Senate Convicts Federal Judge Thomas Porteous

The Senate has just convicted federal district Judge Thomas Porteous, whose trial concluded yesterday, on all four articles of impeachment against him. The votes ranged from 69-27 to 96-0. The Senate unanimously convicted Porteous on Article I, which focused on his corruption in taking kickbacks from a law firm involved in a case he presided […]

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Senate Begins Impeachment Trial of Federal District Judge Thomas Porteous

It hasn’t made too many national headlines. But today the Senate began to hear the impeachment trial of Louisiana federal district Judge Thomas Porteous: The attorney for a federal judge facing removal from office argued Tuesday at a rare Senate impeachment trial that Congress is pursuing vague and unconstitutional charges against his client and would […]

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“Judicial Activism” – The Podcast

It seems that everyone’s against “judicial activism,” but what does it mean?  Does labeling a judge or decision “activist” indicate anything more than disagreement with the outcome?  Is it fair to label a judge or judicial nominee “activist”?  The Federalist Society has just posted a podcast debate on these questions featuring our own Randy Barnett, […]

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