Monday, June 29, 2009

They write letters

(Okay, so we stole the title from our brother blogger, South Florida Lawyer). While everyone is talking about Ricci and Madoff, the story that interests me is Justice Souter's last day on the bench. Here's the letter from the Chief Justice, signed by all of the Justices, wishing Souter well. And here's Souter's response, which starts "Your generous letter touched me more than I can say..." Lots of love!

The post below about Ma'am or Judge/Your Honor has gotten quite a bit of response. While we're on the topic of what works in court, Justice Scalia explains what peeves him here and here, including when lawyers say that a hypo is different than the facts of the actual case. Scalia: "I know it's not this case, you idiot."

On using italics: "If you’re constantly italicizing words, it sort of reads like a high school girl’s diary."

On using latin words: "Oh, God. It’s a Latin word that means connection. Say 'connection.’ You make it sound scientific."

And on being likable: "No judge likes to give a case to a mean-spirited person. I’ll do it if the law requires it."

Sunday, June 28, 2009

Disrespectful?

I've always cringed a little when I hear a male lawyer address a female judge as "ma'am" (instead of "judge" or "your honor") during an argument. Now Senator Boxer has caused a bit of a stir with this exchange:



So, I will put it to you all:

Is it disrespectful to address a judge as "ma'am" instead of "judge" or "your honor"?
Yes
No
pollcode.com free polls

Thursday, June 25, 2009

RIP MJ

SCALIA.

Rumpole, check out the 2 criminal law opinions this morning. Justice Scalia wrote a 5-4 opinion (Melendez-Diaz v. Massachusetts) in favor of a criminal defendant on a confrontation clause issue and in another case (Safford v. Redding), joined Justice Souter's opinion in favor of a high school student challenging a strip search on Fourth Amendment grounds. More to follow...

(Still waiting on my $100).