Judge Scola's investiture

It was really nice. Good speakers (including Pam Perry, John Hogan, Carl Kafka, Marilyn Milian, and John Thornton) who had heart-felt remarks about Judge Scola. A great addition to the federal bench.

The only downside -- I was hungry by the end of it.

Congrats to Bob Scola!

He was confirmed today as our newest federal judge. Well done!

Judge Jordan's confirmation hearing next week

It's set for Tuesday, September 20. That was quick -- Well done to the adminsitration for moving this nomination forward. After his hearing, then he will get written questions from the committee and then there will be a vote. Looks like Judge Jordan may be on the 11th by sometime in November.

Now we need to get Bob Scola confirmed. He is #19 on the list of district judges waiting confirmation, so if they do a few per week, we are looking at October for Judge Scola.

Things are starting to move, which is nice.

Big shout out to Dore Louis for his posting over the past two days. Good stuff.

Back to work...

I see that the good professor did a good job last week at the conn.

Some good news to report -- Judge Bob Scola will have his hearing this Wednesday, June 22, 2011 at the Dirksen Senate Office Building, Room 226, at 2:30 p.m. This is good news and it's good to see that his nomination is moving relatively quickly.

Looks like I have some light reading to do now that I'm back -- Judge Carnes issues two lengthy and significant opinions last week -- United States v. Hill and Johnson v. Dept of Corrections(163 pages and 69 pages). Hill is a mortgage fraud case with lots of twists and turns. Here's a quick summary from Business Week:

But the three-judge panel soundly rejected his arguments in a scathing 163-page opinion that traced the plot from its inception to its downfall. The decision painstakingly recounted and then dismissed almost every objection filed by Hill and the others during the 31-day trial, which involved more than 100 witnesses and thousands of pages of documents.

"Without Hill there would have been no conspiracy, no massive amount of mortgage fraud resulting from it, and no ruined lives in the wake of it," read the opinion. "He bore the greatest responsibility for the massive crime and deserved the longest sentence."

Interestingly, Carnes ruled for a state death row habeas petitioner in Johnson based on ineffective assistance of counsel back from 1980. From the intro:

Earlier this year the Supreme Court reminded lower federal courts that when the state courts have denied an ineffective assistance of counsel claim on the merits, the standard a petitioner must meet to obtain federal habeas relief was intended to be, and is, a difficult one. Harrington v. Richter, ___ U.S. ___, 131 S.Ct. 770, 786 (2011). The standard is not whether an error was committed, but whether the state court decision is contrary to or an unreasonable application of federal law that has been clearly established by decisions of the Supreme Court. 28 U.S.C. § 2254(d)(1). As the Supreme Court explained, error alone is not enough, because “[f]or purposes of § 2254(d)(1), an unreasonable application of federal law is different from an incorrect application of federal law.” Harrington, ___ U.S. at ___, 131 S.Ct. at 785 (quotation marks omitted). And “even a strong case for relief does not mean the state court’s contrary conclusion was unreasonable.” Id., 131 S.Ct. at 786.

When faced with an ineffective assistance of counsel claim that was denied on the merits by the state courts, a federal habeas court “must determine what arguments or theories supported or, [if none were stated], could have supported, the state court’s decision; and then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of [the Supreme] Court.” Id., 131 S.Ct. at 786. So long as fairminded jurists could disagree about whether the state court’s denial of the claim was inconsistent with an earlier Supreme Court decision, federal habeas relief must be denied. Id., 131 S.Ct. at 786. Stated the other way, only if “there is no possibility fairminded jurists could disagree that the state court’s decision conflicts with [the Supreme] Court’s precedents” may relief be granted. Id., 131 S.Ct. at 786.

Even without the deference due under § 2254, the Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052 (1984), standard for judging the performance of counsel “is a most deferential one.” Harrington, ___ U.S. at ___, 131 S.Ct. at 788. When combined with the extra layer of deference that § 2254 provides, the result is double deference and the question becomes whether “there is any reasonable argument that counsel satisfied Strickland’s deferential standard.” Id., 131 S.Ct. at 788. Double deference is doubly difficult for a petitioner to overcome, and it will be a rare case in which an ineffective assistance of counsel claim that was denied on the merits in state court is found to merit relief in a federal habeas proceeding. This is one of those rare cases.

Congrats to Bob Scola (UPDATED)

The White House officially nominated him yesterday. Congrats!

Now we need to get the Congress to confirm him and Kathy Williams. The holdup is inexcusable.

Here's the press release from the White House:

The White House
Office of the Press Secretary
For Immediate Release
May 04, 2011
President Obama Nominates Six Judges to United States District Courts
WASHINGTON, DC - Today, President Obama nominated Dana L. Christensen, Katherine B. Forrest, Justice John M. Gerrard, Judge Yvonne Gonzalez Rogers, Edgardo Ramos, and Judge Robert N. Scola, Jr. for District Court judgeships.

"These individuals have demonstrated the talent, expertise, and fair-mindedness Americans expect and deserve from their judicial system," said President Barack Obama. "I am grateful for their willingness to serve and confident that they will apply the law with the utmost impartiality and integrity."

Judge Robert N. Scola, Jr.: Nominee for the United States District Court for the Southern District of Florida

Judge Robert N. Scola, Jr. serves as a Judge on Florida's Eleventh Judicial Circuit, where he has presided over criminal, civil, and family law matters since 1995. Prior to joining the bench, he spent a decade in private practice as both a sole practitioner and, from 1992 to 1993, at the law firm of Quinon, Strafer & Scola, as a criminal defense attorney representing a wide range of defendants in both state and federal courts. Judge Scola began his law practice at the Miami-Dade Office of the State Attorney, where he worked from 1980 to 1986. He received his J.D., cum laude, in 1980 from Boston College Law School and his B.A. in 1977 from Brown University.


UPDATED

Federal Bar President Brett Barfield tells me that the Federal Bar Luncheon next week will address the judicial confirmation process and what's taking so long. Here's the info:

The Federal Bar Association

SOUTH FLORIDA CHAPTER

LUNCHEON MEETING

When: Wednesday, May 11, 2011

Where: The Bankers Club

Guest Speaker: Bruce Moyer, the Federal Bar Association's National Counsel for Government Relations. We'll leave plenty of time to relax and catch up with each other before and after Bruce's talk at this last FBA lunch before the summer break.

The Federal Bar Association maintains a national presence in Washington through its advocacy and representation in the halls of Congress, the White House and throughout the Executive Branch. Coordinating that effort is Bruce Moyer, the FBA’s Counsel for Government Relations, a thirty-year Washington attorney and legislative representative. Bruce will address the challenges currently facing the federal judiciary, including the judicial vacancies crisis, and the significant role that the FBA is playing to sustain and support the federal courts and the administration of justice.



Time: 11:45 a.m. - 1:00 p.m.



Valet parking is available for $5.00 on

Flagler Street at Biscayne in front of Mia Restaurant. The

Bankers Club validates only valet parking



Cost: $35.00 for members

$50.00 for non-members

$20.00 for government, academic, and public interest lawyers



SPACE IS LIMITED: RSVP by reply to this email (fba@hklaw.com) or by calling (305) 789-7614 by Friday, May 6!



Please make checks payable to Federal Bar Association, c/o Brett Barfield,701 Brickell Avenue, Suite 3000 Miami, FL 33131