Gotta love that quote from 103-year old district judge Wesley E. Brown, the oldest federal judge in the country (from the NYT):
Judge Wesley E. Brown’s mere presence in his courtroom is seen as something of a daily miracle. His diminished frame is nearly lost behind the bench. A tube under his nose feeds him oxygen during hearings. And he warns lawyers preparing for lengthy court battles that he may not live to see the cases to completion, adding the old saying, “At this age, I’m not even buying green bananas.”
At 103, Judge Brown, of the United States District Court here, is old enough to have been unusually old when he enlisted during World War II. He is old enough to have witnessed a former law clerk’s appointment to serve beside him as a district judge — and, almost two decades later, the former clerk’s move to senior status. Judge Brown is so old, in fact, that in less than a year, should he survive, he will become the oldest practicing federal judge in the history of the United States.
Upon learning of the remarkable longevity of the man who was likely to sentence him to prison, Randy Hicks, like many defendants, became nervous. He worried whether Judge Brown was of sound enough mind to understand the legal issues of a complex wire fraud case and healthy enough to make it through what turned out to be two years of hearings. “And then,” he said, “I realized that people were probably thinking the same thing 20 years ago.”
“He might be up there another 20 years,” added Mr. Hicks, 40, who recently completed a 30-month sentence and calls himself an admirer of Judge Brown. “And I hope he is.”
The Constitution grants federal judges an almost-unparalleled option to keep working “during good behavior,” which, in practice, has meant as long as they want. But since that language was written, average life expectancy has more than doubled, to almost 80, and the number of people who live beyond 100 is rapidly growing. (Of the 10 oldest practicing federal judges on record, all but one served in the last 15 years.)
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Friday, September 17, 2010
Thursday, September 16, 2010
Whacked
Judge Zloch sentenced a former Guatemalan soldier, Gilberto Jordan, to the maximum 10 years today lying on citizenship forms about his military service and role in the killings. It was a hefty upward variance. From Curt Anderson's report:
Jordan could have received just six months behind bars under sentencing guidelines. But prosecutors asked U.S. District Judge William Zloch to impose the maximum possible, a 10-year sentence.
They said Jordan admitted to U.S. Immigration and Customs Enforcement agents that he participated in the December 1982 massacre in the Guatemalan village of Dos Erres, including personally throwing an infant down a well.
Investigators say at least 162 people died, many hit with sledgehammers or shot.
"Mr. Jordan admitted to killing a baby. He then participated in the killings of countless other men, women and children," said Hillary Davidson, a U.S. Justice Department senior trial attorney. "He never should have been allowed to live here peacefully for many years."
Zloch was just as harsh, saying Jordan tried to hide "his background as a mass murderer." Referring to the 10-year sentence, the judge said: "Anything less would be totally inadequate as just punishment for this crime and its accompanying heinous acts."
Jordan could have received just six months behind bars under sentencing guidelines. But prosecutors asked U.S. District Judge William Zloch to impose the maximum possible, a 10-year sentence.
They said Jordan admitted to U.S. Immigration and Customs Enforcement agents that he participated in the December 1982 massacre in the Guatemalan village of Dos Erres, including personally throwing an infant down a well.
Investigators say at least 162 people died, many hit with sledgehammers or shot.
"Mr. Jordan admitted to killing a baby. He then participated in the killings of countless other men, women and children," said Hillary Davidson, a U.S. Justice Department senior trial attorney. "He never should have been allowed to live here peacefully for many years."
Zloch was just as harsh, saying Jordan tried to hide "his background as a mass murderer." Referring to the 10-year sentence, the judge said: "Anything less would be totally inadequate as just punishment for this crime and its accompanying heinous acts."
Wednesday, September 15, 2010
Quick hits
1. I love this story from BLT -- senators are conducting the impeachment trial of U.S. District Judge G. Thomas Porteous Jr. and the schedule they are trying to keep to is about 8am to 7:30 pm. They need at least 7 senators to hear evidence. Problem is that they are having a tough time keeping 7 senators around for such a long day:
But senators, who aren’t used to staying in one place during the day, have had trouble keeping to the plan.
Today, for example, the 12-member committee that’s conducting the trial recessed at 11 a.m., so that its members could cast votes on the Senate floor. Sen. Claire McCaskill (D-Mo.), the committee’s chairwoman, asked her colleagues to return at 11:40 a.m. to hear more testimony before lunch. But only a few of them did, and seven members must be present before the committee can hear testimony.
“It doesn’t appear we’re going to get seven,” McCaskill said shortly after noon. “We have to have seven members before we can proceed.”
2. Also gotta love the 9th -- they don't put up with the Miranda two-step. Or illegally seizing ballplayers' drug-test records.
3. You all know that I really think that we should have cameras in federal court. But who is going to watch civil trials? Zzzzzzzzzzz.
4. Justices Ginsburg and Kagan know how to parttyyyyyyyyyyyyy.
But senators, who aren’t used to staying in one place during the day, have had trouble keeping to the plan.
Today, for example, the 12-member committee that’s conducting the trial recessed at 11 a.m., so that its members could cast votes on the Senate floor. Sen. Claire McCaskill (D-Mo.), the committee’s chairwoman, asked her colleagues to return at 11:40 a.m. to hear more testimony before lunch. But only a few of them did, and seven members must be present before the committee can hear testimony.
“It doesn’t appear we’re going to get seven,” McCaskill said shortly after noon. “We have to have seven members before we can proceed.”
2. Also gotta love the 9th -- they don't put up with the Miranda two-step. Or illegally seizing ballplayers' drug-test records.
3. You all know that I really think that we should have cameras in federal court. But who is going to watch civil trials? Zzzzzzzzzzz.
4. Justices Ginsburg and Kagan know how to parttyyyyyyyyyyyyy.
Tuesday, September 14, 2010
Tuesday
What's with this rain every morning during rush hour traffic? US1 is really fun in the rain.
The Northern District is hearing the health care lawsuits:
Florida takes center stage this week in the fight over the federal health care law that consumed Congress for the better part of a year, and along with it, so will a Pensacola judge who is no stranger to hot button issues.
U.S. District Judge Roger Vinson, a Reagan nominee to the bench who presided over two high profile abortion clinic violence cases in the 1980s and 1990s, will hear oral arguments on the U.S. Department of Justice's motion to dismiss the lawsuit filed against the health care law by Florida and 18 other states on Tuesday.
The plaintiffs, the states, argue that the health care law illegally requires all citizens and legal residents to have health care coverage or pay a tax penalty, which they say is a violation the U.S. Constitution's Commerce Clause. The plaintiffs also say the law runs afoul of the states' rights guarantee in the 10th Amendment of the U.S. Constitution.
Also joining the suit: the National Federation of Independent Business and Florida residents Mary Brown and Kaj Ahlburg.
The defendant, the U.S. Justice Department, counters that overturning the health care law would unduly expand judicial review of Congress and other government branches. More specially, the DOJ argues that Congress has the power to determine how federal money appropriated for Medicaid may be spent and can give states an option of setting up their own health exchanges or having the federal government do so.
Vinson is an interesting judge:
Vinson, who was nominated to the federal bench in 1983 by President Ronald Reagan, has indicated he knows the legal world will be waiting for his verdict, but that it will almost certainly be immediately appealed no matter which way he comes down. The case is widely expected to end up at the U.S. Supreme Court, which means a final legal decision could take years.
Other than the timing and allowing the arguments on the merits of the case to be heard, Vinson has not said much about the nonjury proceeding. But Ben Gordon, a Fort Walton Beach lawyer who clerked for him from 2000-02, said Vinson will likely keep the lawyers from both sides on their toes.
``He will be a very intelligent judge who does a lot of his own work,'' Gordon said, which made clerking for Vinson ``interesting because he wouldn't just rely on what I and other clerks told him.''
``He'll educate himself and have read all the key cases,'' Gordon said. ``I anticipate he'll ask probing questions on both sides. It'll be interesting to watch. I believe he will have some questions the lawyers might not anticipate. He'll be that engaged in this.''
Vinson, 70, is no stranger to cases involving issues at the center of national debates. In 1985, Vinson sentenced two men, Matt Goldsby and James Simmons, to 10 years in prison for their role in bombing an abortion clinic, though he made them eligible for early parole and gave Goldsby's fiancée and Simmons' wife, who were convicted of conspiracy, to five years probation. Nobody died in the bombing.
Vinson also presided over the federal trial of Paul Hill, who was convicted and later executed for the 1994 murders of a Pensacola abortion provider and a volunteer escort at an abortion clinic. Hill was sentenced to death in state court, but Vinson sentenced him to two additional life terms for violating the federal clinic access law. Hill was executed in 2003.
In other news, confessions don't work.
Supreme Court Justices aren't on the JV team -- they're varsity.
SFL beat me in week one Fantasy. It's a long season....
The Northern District is hearing the health care lawsuits:
Florida takes center stage this week in the fight over the federal health care law that consumed Congress for the better part of a year, and along with it, so will a Pensacola judge who is no stranger to hot button issues.
U.S. District Judge Roger Vinson, a Reagan nominee to the bench who presided over two high profile abortion clinic violence cases in the 1980s and 1990s, will hear oral arguments on the U.S. Department of Justice's motion to dismiss the lawsuit filed against the health care law by Florida and 18 other states on Tuesday.
The plaintiffs, the states, argue that the health care law illegally requires all citizens and legal residents to have health care coverage or pay a tax penalty, which they say is a violation the U.S. Constitution's Commerce Clause. The plaintiffs also say the law runs afoul of the states' rights guarantee in the 10th Amendment of the U.S. Constitution.
Also joining the suit: the National Federation of Independent Business and Florida residents Mary Brown and Kaj Ahlburg.
The defendant, the U.S. Justice Department, counters that overturning the health care law would unduly expand judicial review of Congress and other government branches. More specially, the DOJ argues that Congress has the power to determine how federal money appropriated for Medicaid may be spent and can give states an option of setting up their own health exchanges or having the federal government do so.
Vinson is an interesting judge:
Vinson, who was nominated to the federal bench in 1983 by President Ronald Reagan, has indicated he knows the legal world will be waiting for his verdict, but that it will almost certainly be immediately appealed no matter which way he comes down. The case is widely expected to end up at the U.S. Supreme Court, which means a final legal decision could take years.
Other than the timing and allowing the arguments on the merits of the case to be heard, Vinson has not said much about the nonjury proceeding. But Ben Gordon, a Fort Walton Beach lawyer who clerked for him from 2000-02, said Vinson will likely keep the lawyers from both sides on their toes.
``He will be a very intelligent judge who does a lot of his own work,'' Gordon said, which made clerking for Vinson ``interesting because he wouldn't just rely on what I and other clerks told him.''
``He'll educate himself and have read all the key cases,'' Gordon said. ``I anticipate he'll ask probing questions on both sides. It'll be interesting to watch. I believe he will have some questions the lawyers might not anticipate. He'll be that engaged in this.''
Vinson, 70, is no stranger to cases involving issues at the center of national debates. In 1985, Vinson sentenced two men, Matt Goldsby and James Simmons, to 10 years in prison for their role in bombing an abortion clinic, though he made them eligible for early parole and gave Goldsby's fiancée and Simmons' wife, who were convicted of conspiracy, to five years probation. Nobody died in the bombing.
Vinson also presided over the federal trial of Paul Hill, who was convicted and later executed for the 1994 murders of a Pensacola abortion provider and a volunteer escort at an abortion clinic. Hill was sentenced to death in state court, but Vinson sentenced him to two additional life terms for violating the federal clinic access law. Hill was executed in 2003.
In other news, confessions don't work.
Supreme Court Justices aren't on the JV team -- they're varsity.
SFL beat me in week one Fantasy. It's a long season....
Sunday, September 12, 2010
Football Sunday
Let's go Fins.
Some weekend news:
Interestingly, Justice Kagan has recused in 21 out of the 40 cases in which the Court has granted cert. Wow, that seems like a huge number to me.
Another huge number -- almost 2000 Justice employees owe more than $14 million in 2009 taxes. Here's the WaPo article.
Some weekend news:
Interestingly, Justice Kagan has recused in 21 out of the 40 cases in which the Court has granted cert. Wow, that seems like a huge number to me.
Another huge number -- almost 2000 Justice employees owe more than $14 million in 2009 taxes. Here's the WaPo article.
Friday, September 10, 2010
Jonathan Goodman investiture today at 2pm (UPDATED)
Congrats again to Magistrate Judge Goodman. See you all there.
Update -- it was a great ceremony.
Wednesday, September 08, 2010
Short week
Labor Day and Rosh Hashanah in one week makes for slow news.
South Florida Lawyers has more on the 11th Circuit "boy" case. The NY Times has gotten interested in the story:
Last month, for the third time and in the face of a 2006 rebuke from the United States Supreme Court, the federal appeals court in Atlanta said there were no racial overtones when a white supervisor called an adult black man “boy.”
“The usages were conversational,” the majority explained, repeating what it had told the trial court after the Supreme Court ruled, and “nonracial in context.” Even if “somehow construed as racial,” the unsigned 2-to-1 decision went on, “the comments were ambiguous stray remarks” that were not proof of employment discrimination.
Two Alabama juries had seen things differently.
They had heard testimony from another black Tyson worker, Anthony Ash, who recalled sitting in the cafeteria at lunchtime when the plant’s manager said, “Boy, you better get going.” Mr. Ash said the manager’s tone was “mean and derogatory.”
Mr. Ash’s wife was there. “He’s not a boy,” Pam Ash shot back, according to her husband. “He’s a man.”
Ms. Ash testified that the manager, Tom Hatley, “just looked at me with a smirk on his face like it was funny.”
Mr. Ash explained to the jury why the remark stung.
“You know,” he said, “being in the South, and everybody know being in the South, a white man says ‘boy’ to a black man, that’s an offensive word.”
I wonder how the 11th Circuit will deal with this case when the jury awards a big number to the wrongfully arrested:
An Orlando mother was arrested after disembarking from a cruise ship, mistaken for a suspected prostitute wanted in Central Florida.
Thirty-one-year-old Paola Londono spent more than 36 hours in a South Florida jail before her attorney could persuade a judge to let her out. She had been mistaken for a woman with the same name, but who was seven years younger, five inches taller and looked completely different.
Rumpole and I finally agreed to terms on our NFL bet. We will each take one team against the spread. This week I took TB -3. Wish me luck.
South Florida Lawyers has more on the 11th Circuit "boy" case. The NY Times has gotten interested in the story:
Last month, for the third time and in the face of a 2006 rebuke from the United States Supreme Court, the federal appeals court in Atlanta said there were no racial overtones when a white supervisor called an adult black man “boy.”
“The usages were conversational,” the majority explained, repeating what it had told the trial court after the Supreme Court ruled, and “nonracial in context.” Even if “somehow construed as racial,” the unsigned 2-to-1 decision went on, “the comments were ambiguous stray remarks” that were not proof of employment discrimination.
Two Alabama juries had seen things differently.
They had heard testimony from another black Tyson worker, Anthony Ash, who recalled sitting in the cafeteria at lunchtime when the plant’s manager said, “Boy, you better get going.” Mr. Ash said the manager’s tone was “mean and derogatory.”
Mr. Ash’s wife was there. “He’s not a boy,” Pam Ash shot back, according to her husband. “He’s a man.”
Ms. Ash testified that the manager, Tom Hatley, “just looked at me with a smirk on his face like it was funny.”
Mr. Ash explained to the jury why the remark stung.
“You know,” he said, “being in the South, and everybody know being in the South, a white man says ‘boy’ to a black man, that’s an offensive word.”
I wonder how the 11th Circuit will deal with this case when the jury awards a big number to the wrongfully arrested:
An Orlando mother was arrested after disembarking from a cruise ship, mistaken for a suspected prostitute wanted in Central Florida.
Thirty-one-year-old Paola Londono spent more than 36 hours in a South Florida jail before her attorney could persuade a judge to let her out. She had been mistaken for a woman with the same name, but who was seven years younger, five inches taller and looked completely different.
Rumpole and I finally agreed to terms on our NFL bet. We will each take one team against the spread. This week I took TB -3. Wish me luck.
Tuesday, September 07, 2010
Tuesday morning notes
Here's some fun to get your week started:
In other news:
1. SFL covers political law clerks.
2. Curt Anderson has this interesting piece on the lawsuit to recover for pre-WWII German bonds
3. The blog draft was yesterday. Here's your winning squad:
Phillip Rivers
Reggie Wayne
Miles Austin
Michael Crabtree
Ray Rice
Knowshon Moreno
Jason Witten
Justin Forsett
Donald Driver
Michael Bush
Kevin Kolb
Willis McGahee
Louis Murphy
Joshua Cribbs
Roy Williams
Fred Taylor
James Jones
James Davis
New Orleans Defense
Mason Crosby
In other news:
1. SFL covers political law clerks.
2. Curt Anderson has this interesting piece on the lawsuit to recover for pre-WWII German bonds
3. The blog draft was yesterday. Here's your winning squad:
Phillip Rivers
Reggie Wayne
Miles Austin
Michael Crabtree
Ray Rice
Knowshon Moreno
Jason Witten
Justin Forsett
Donald Driver
Michael Bush
Kevin Kolb
Willis McGahee
Louis Murphy
Joshua Cribbs
Roy Williams
Fred Taylor
James Jones
James Davis
New Orleans Defense
Mason Crosby
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