Should a federal judge....

...post porn pictures on his personal website (when he is about to start an obscenity trial)? That's the debate after Judge Alex Kozinski did so in United States v. Ira Isaacs, a trial starting this morning. According to the LA Times:

One of the highest-ranking federal judges in the United States, who is currently presiding over an obscenity trial in Los Angeles, has maintained a publicly accessible website featuring sexually explicit photos and videos.Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, acknowledged in an interview with The Times that he had posted the materials, which included a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal. Some of the material was inappropriate, he conceded, although he defended other sexually explicit content as "funny."

Other stuff found on the site:

The sexually explicit material on Kozinski's site earlier this week was extensive, including images of masturbation, public sex and contortionist sex. There was a slide show striptease featuring a transsexual, and a folder that contained a series of photos of women's crotches as seen through snug fitting clothing or underwear. There were also themes of defecation and urination, though they are not presented in a sexual context.

How did Kozinski end up doing a trial (he's the Chief Judge on the 9th Circuit):

The judge said it was strictly by chance that he wound up presiding over the Issacs trial in U.S. District Court in Los Angeles. Appeals court judges occasionally hear criminal cases when they have free time on their calendars and the Isaacs case was one of two he was given, the judge said.

The money quotes:

Kozinski said he didn't think any of the material he posted on his website would qualify as obscene."Is it prurient? I don't know what to tell you," he said. "I think it's odd and interesting. It's part of life."Before the site was taken down, visitors to http://alex.kozinski.com were greeted with the message: "Ain't nothin' here. Y'all best be movin' on, compadre."Only those who knew to type in the name of a subdirectory could see the content on the site, which also included some of Kozinski's essays and legal writings as well as music files and personal photos.The judge said he began saving the sexually explicit materials and other items of interest years ago."People send me stuff like this all the time," he said.He keeps the things he finds interesting or funny with the thought that he might later pass them on to friends, he said.

Correct result?

Sean Conway has agreed to settle his bar case for calling Judge Aleman on the Broward Blog an "evil, unfair witch" for a public reprimand, the Sun-Sentinel has reported here (hat tip Rumpole). When the case was first brought, Fred Haddad, Conway's lawyer, said "If the state court is not sensible enough to dismiss this piece of shit, it will end up in federal court."

And Fred is not happy that Conway settled: "Resolving the case was not my position, and it was not the position that I ever took," Haddad said Tuesday. "However, the lawyer does not make all the decisions." Haddad had said in December that Conway's blog posting was protected speech and that Bar rules restricting attorneys' criticism of judges was overly broad, vague and unconstitutional.

What say you dear readers? Is this the right result? A public reprimand for speaking your mind on a blog? I agree with Haddad on this issue, of course.

Also I reproduce here from the comments section of our last post:

Dear Former Students of Swan,

As a former student and long time friend of Alan Swan, I will be speaking at his memorial service on Saturday (Plymouth Congregational Church in the Grove, 11:30). If you have a good Professor Swan story, I would love to hear from you today or tomorrow. Please feel free to respond to mbarzee@jud11.flcourts.org.
Thank you.
Mary Barzee Flores

Plug

So, usually I don't blog about my cases, but I am making an exception here because the case is going to the Southern District of New York and because it got some press on the excellent White Collar Crime Blog here:

With unemployment high, with people desperate for jobs, we may be seeing more instances of alleged puffing or fraud in the job search process. But one doesn't expect the government to be spending its time prosecuting individuals based upon alleged fraud in the job search.
But Martha Graybow, Reuters, U.S. Businessman Accused of Fraud in Job Search reports otherwise. And to make matters even worse, the government wanted the job seeker detained. The magistrate judge in Miami responded with a $25,000 bond, which the government then sought to stay. And when that was denied, the government headed to New York to secure a stay. Again a denial for the government.

Devil's Advocate

One of my favorite tipster's pointed out this listing in the Florida Bar News Classified section on Friday:


DEVIL’S ADVOCATE - Every lawyer needs another lawyer to bounce ideas off of, and even to be a devil’s advocate, challenging your ideas even more thoroughly and incisively than your opposing lawyer would. If you welcome robust, well-grounded debate as the best way to make your arguments razor-sharp, then call me. George Zadorozny, Attorney-at-Law, Florida Bar ’82, Carlton Fields ’82-’86, J.D. Northwestern ’82, B.A. Yale ’78. $100 per hour. Legal research and writing (pleadings, motions, memoranda, appeals) also available. (727) 389-5973; gzesq@aya.yale.edu. AV rated. Office: New Port Richey, Florida.

I shot the Devil's Advocate an email with a couple of questions and got the following responses.

What gave you the idea for being a Devilʼs Advocate?
As to how I got the idea for my "Devil's Advocate" ad: It came to me a few months ago. For over 20 years now I've been doing contract work for lawyers, doing legal research and writing. Naturally we discuss these projects over the phone. Sometimes in these conversations the lawyer I'm working for advances an idea or an angle or a theory that strikes me as promising but vulnerable--and so I point that out, that is, I point out how the other side could attack us through what looks to me like a weak spot. We usually go on to debate the point vigorously until we're satisfied that we've cast out the vulnerabilities.

Because these debates are conducted in a spirit of mutual respect, with both of us aiming at the same goal--making the arguments for the client as strong and sharp and unbeatable as possible--we find them not draining at all, but invigorating and cheering.

I've been doing this for many, many years now, and I knew that I was playing devil's advocate, but it wasn't until a few months ago that I suddenly realized that it would be a good thing for me to tell prospective lawyers that that is something that I can offer them--much more than just legal research and writing per se. Of course I still do that too. It all depends on what the lawyer I'm working for wants. Unsurprisingly, lawyers who practice solo particularly value this opportunity for well-reasoned strengthening of their arguments through debate.

Has anyone hired you?
Yes, I've been hired by some lawyers in response to my "Devil's Advocate" ad.

Do you enjoy your work?
I enjoy my work very much--see the second paragraph of the above answer to your first question.

News and Notes

1. Ken Jenne's days in prison. (via Miami Herald and Sun-Sentinel). From Dan Christensen: Once Broward's most powerful politician, ex-Sheriff Ken Jenne now spends his days raising vegetables in the garden of a federal prison camp in rural Virginia.
Jenne, convicted of corruption last fall, talked briefly about his new duties in a three-hour deposition taken six weeks ago in a federal civil rights lawsuit in which he's a defendant.
...''I work in what is called the garden planting various vegetables,'' Jenne, 61, told Fort Lauderdale lawyer Barbara Heyer.

2. Prosecutors object to Joe Cool polygraph. (via Sun-Sentinel):

Federal prosecutors are fighting to make sure jurors never hear that one of the suspects in the murders of four people at sea passed two lie detector tests saying he did not take part in killing any of the crew members on the Joe Cool.Guillermo Zarabozo, 20, of Hialeah and Kirby Archer, 36, of Strawberry, Ark., who were passengers on the boat's ill-fated charter voyage in September, are charged with four counts of first degree murder and could face the death penalty. Their trial is expected to begin this fall.Zarabozo's lawyers say his favorable polygraph results should be allowed as evidence because they corroborate Zarabozo's version of events--that he was lured onto the boat under false pretenses by Archer and did not know anything illegal was going to happen until Archer fired the fatal shots.At a hearing in Miami federal court Wednesday, prosecutor Karen Gilbert said the polygraph evidence should not be allowed because it is not reliable and could have too much influence on jurors.
U.S. District Judge Paul Huck said he would rule after government officials conduct a separate polygraph exam of Zarabozo--a procedure defense lawyers said they welcomed.

Cuban Spy decision from 11th...

... is here.

Haven't had a chance to read it yet, but it's a 1-1-1 opinion. Pryor writes opinion affirming convictions and vacating sentences for 3 defendants. Birch concurs, but states that case should go to Supreme Court on venue issue and that murder issue is very close. Kravitch dissents on whether evidence was sufficient on the murder conviction.

I have a funny feeling this case isn't over...

Katherine Harris upset by Laura Dern's portrayal

After my post about the HBO movie Recount yesterday, I received an email from Suzanne Schmidt, Joe Klock's PR person, informing me that he and Katherine Harris would be on Hannity & Colmes to "discuss[] how Harris was unfairly portrayed in the film and how the film could be nothing further from the truth." Harris and Klock do a nice job on the show (see above for a short clip), but....

I'm still ready to give Laura Dern an Oscar...

More trouble for Kuehne prosecution and other lawyer news

In what already looks like a doomed prosecution against attorney Ben Kuehne, it just got tougher. Yesterday, the Supreme Court decided Cuellar v. United States, which holds (9-0 per Thomas) that the federal money-laundering statue did not require proof of “appearance of legitimate wealth” and the statute could not be satisfied solely by evidence that a defendant concealed funds during transportation. The Kuehne team will be pouring over every word of the opinion, I'm sure...

In other lawyer news, Goeffrey Fieger was acquitted yesteday. His lawyer, Gerry Spence, remains undefeated! Fieger had this to say (apropos of the above case): "I'm very pleased with the American system and the jury. I thank the jury for listening. I hope this puts an end to political prosecutions in the age of Mr. Bush."

And finally, attorney Mel Weiss was sentenced to 30 months (3 months below the advisory guideline range agreed on by the parties).