Wednesday, July 15, 2009

Morning Interviews

The morning interviews got off to a fast start. Judge Rosenbaum's opening remarks were extremely well thought out and prepared. She clearly captured the committee during her initial presentation.

Some of the committee member's questions were in depth, and others were not very deep. In all, during the course of the 20 minutes or so of questioning, there were good exchanges and you certainly got a feel for the interviewee.

One of the more interesting questions that has come up with a number of the interviewees has been asked by Justin Sayfie -- essentially, the question is whether the interviewee has seen a situation where the law dictates a result that the candidate deems to be unjust and morally wrong. Most of the canidates I saw (I missed Caroline Heck Miller and Judith Korchin's interveiws) stressed the importance of stare decisis and adhearance to the rule of law. Personally, I think there may have been a bit of a missed oportunity to recall the building that they are being interviewed in, and a quote attributed to that great judge who has been cited has having said that "in the Moral Universe, One Is A Majority If Your're Right." Judge Bagley had the most interesting response to it when he noted that he has come upon that situation in his career as a jurist and he tried to frame the issue for the appeallate court -- he was reversed.

Here are some highlights from the interviews I saw:

Judge Rosenbaum:

Judge Roesnbaum stressed the role of a prosecutor is not to obtain convictions, but rather "to do the right thing." I appreciated that, having come from the State Attorney's Office.

Judge Seltzer:

Judge Seltzer was asked by the committee members how the Chief Magistrate Judge is picked (he is next up and Judge Brown is the current Chief). The Judge told the committee that it is by seniority and that he and Judge Brown were sworn in on the same day, but at their judicial swearing in, he said 'Steve, you go first,' and here we are. Judge Seltzer also affirmed his respect for the role of voir dire and said that he beleives the sides should get thirty mintues in selecting a jury.

Judge Bagley:

Unfortunately I missed Judge Bagley's opening remarks, but sitting in the room, you cannot miss that which is obvious to anybody who has appeared in his courtroom -- a calmness and demanor that commands the attention of all present. He was in absolute control of the entire interveiw and it was impressive to watch. When asked what his weakness was, the Judge directly addressed his lack of federal experiance and assured the committee that that fact would not effect his ability to be a federal judge. Nobody present would have doubted him. Judge Bagley also tipped the committee off to what motivated him to enter the law:

The Judge was a student in New York and recieved a summons to appear through the mail for a marijuana charge -- the summons was issued in his legal name, but he was not the right guy...somebody had apparently used his name. When he appeared in court, he was intimidated and frightened. He explained to the presiding judge that he was not right defendant. Luckily for Judge Bagley the police officer who had issued the summons was there and affirmed that he was not the proper defendant. This experiance, more than any other showed Judge Bagley the fairness in the law and led to the launch of his legal career.

Judge White:

By the time Judge White appeared, the committee room was rather full of spectators and I could not hear him very well. I did catch his emphasis on judicial temperment and patience as qualities that he believes are extemely important. Judge White also made a statement that I loved - he said that because of the power that a prosecutor holds, a good prosecutor is the best public defender. Absolutely true.


Well, back to the interveiws, I will post more later.

Tuesday, July 14, 2009

Guest Blogger Here

David is in trial before Judge Jordan and is unable to cover the District Court interviews tomorrow. I will be guest blogging for David. Unfortunately, I will have to miss several of the morning interviews and am hoping somebody else will provide information on the ones I cannot attend.



Here is the list of the interviewees and their timeslots:
  1. Robin S. Rosenbaum 9:00
  2. Barry S. Seltzer 9:30
  3. Judith M. Korchin 10:00
  4. Caroline Heck Miller 10:30
  5. Jerald Bagley 11:00
  6. Patrick A. White 11:30
  7. Robert W. Lee 12:30
  8. Mary Barzee Flores 1:00
  9. Darrin P. Gayles 1:30
  10. Patricia E. Lowry 2:00
  11. Kathleen M. Williams 2:30
  12. Peter R. Lopez 3:00
  13. Robert N. Scola, Jr. 3:30
  14. Gerald B. Cope, Jr. 4:00
  15. Ana Maria Martinez 4:30

I cannot help but wonder whether to not a 25-minute interview, even with the huge written application involved, is sufficient to determine which of these 15 individuals should get the job. It will be interesting to hear the committee’s questions and the remarks by the applicants.

Monday, July 13, 2009

UBS trial continued till August 3

Prior coverage here. Judge Gold agreed to the parties' request to let them try and work it out.

Sunday, July 12, 2009

Looking for blogger to cover interviews

I was planning on covering the interviews for judge and U.S. Attorney this week, but it turns out that I will have to do some real work and will be in court. Any volunteers to go to the interviews and blog 'em? Shoot me an email.

Maybe not on the UBS trial

According to the New York Times, the parties filed a joint motion to continue the case over the weekend in the hopes they can settle:

The Swiss bank UBS and United States federal prosecutors sought Sunday to delay a hearing scheduled for Monday so the two sides could try to settle their closely watched dispute over the release of names of wealthy American clients of the bank who are suspected of offshore tax evasion.

But the postponement request, made in a joint legal filing in a federal court in Florida, came amid fresh threats by the Justice Department that it might impose financial sanctions on UBS and possibly indict the bank should it ultimately refuse to disclose the names if required to do so by a judge.

Judge Gold will hear the motion to continue first thing Monday morning.

Friday, July 10, 2009

Best blog post forever


Paris Hilton is on the stand. And Judge Moreno is getting in on the act. In one exchange, Moreno was puzzled by the title of Hilton's current reality show, "My New BFF." "What does that mean?" he said. After Hilton gave the full title "Paris Hilton's My New Best Friend Forever" the judge remarked "This will be my best case forever." Without missing a beat, Hilton replied "You're my best judge forever."

Hat Tip: Curt Anderson


The trial is being heard by Chief U.S. District Judge Federico Moreno, who reacted with surprise when Hilton gave him a little wave before testifying. "I've never had a witness wave at me before," the judge cracked.
At one point, Hilton was testifying about how full her schedule was during rehearsals for her next film, 2008's "The Hottie & The Nottie," when Moreno interrupted.
"Was it better than this one?" the judge said, referring to "Pledge This!".
"It was really good," Hilton answered with a giggle. Along with the heels, Hilton wore an all-black sleeveless dress tied at the back and sported diamond rings and a bracelet.


UBS trial to start Monday

Lots of press coverage on the case to start Monday here.

I liked this Reuters piece on Judge Alan Gold, who is presiding over the case:

The judge presiding over a high-stakes legal showdown between the U.S. government and Swiss bank UBS AG is seen as a straight-shooter who has not shied away from taking aim at big corporate interests.
Some see Judge Alan Gold of U.S. District Court for the Southern District of Florida emerging as an international mediator as he deals with issues loaded with important foreign policy and financial ramifications, led by U.S. demands for a lifting of Switzerland's treasured bank secrecy laws.
But U.S. attorneys and prosecutors who know him say Gold, a 65-year-old native New Yorker, will studiously avoid doing anything inconsistent with his role as a judge as he handles his biggest and most publicized case since he came to the federal bench in Miami nearly 13 years ago.
"He's about as straight-shooter as they come," said Charles Intriago, a former U.S. federal prosecutor and money laundering expert, who publishes a website for law enforcement officials about asset forfeiture.
"He's the perfect judge for this," he added, referring to the hearing Gold is set to preside over Monday in a suit in which the Justice Department is seeking to force UBS to disclose information on 52,000 secret accounts suspected of being used by wealthy Americans to avoid paying their taxes.
There is little in Gold's record to indicate how he might rule in the case, which experts say could set an important legal precedent since it marks the biggest test ever of Swiss bank secrecy.
Gold grabbed the media spotlight in a business law case once before, when he presided over a class-action lawsuit against Exxon Corp that resulted in a settlement costing more than $1 billion.


Gene Stearns won that case against Exxon. This time around, he's representing UBS.

Paris Hilton to tesify Friday

She'll testify today, most likely after lunch. Here's how she looked this morning.

Don't worry; there's nothing wrong in looking, right Mr. President? (Here's Professor Althouse's take on the picture)