The DBR has some info on the new courthouse in today's paper. Here's the article.
Judge Martinez had this to say: "I was perfectly happy where I was. I don't like high-rise buildings. If it was up to me, it would have been an old-fashioned courthouse. But I'm not in charge of the world today."
If federal judges aren't in charge of the world, then who is in charge!?!
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
Monday, June 16, 2008
Friday, June 13, 2008
Happy Birthday Judge P
We celebrated Judge Peter Palermo's 90th birthday at the new federal courthouse today. Yes, that's 90 years old. Chief Judge Moreno spoke as did Chief Magistrate Judge Bandstra. Lots of federal judges and lawyers were there to smile with Judge P, the very first magistrate in the United States(!!). I really think Judge Palermo must have had a sip from the Fountain of Youth -- the guy gets around better and is sharper than most people 30 years his junior. Here are some pics I took from the party.
In Defense of Kozinski
Even though the LA Times broke the Alex Kozinski story, it now runs an op-ed defending him. I agree that he should respond by saying "So what." This has been way way way overblown. Here's the op-ed in its entirety:
Judge Alex Kozinski's statements about the stash of sexually explicit images he collected and that the public (until this week) could view on his website have been varied, although not necessarily inconsistent: He thought the site was for private storage and offered no public access (although he shared some of the material on the site with friends). People have been sending him this stuff for years (implying that it just accumulates, like junk mail). He might accidentally have uploaded the photos and videos when intending to upload something else. His son did it. There's a different statement we'd like to hear from him, and no, it's not an apology, an expression of regret or even an explanation. It's this: "So what?"Not everyone may like it, but pornography is freely available on the Internet, whether it be from a commercial site dedicated to adults-only material or from the personal site of the chief judge of the U.S. 9th Circuit Court of Appeals. Any adult has, and ought to have, the right to view those sites and to download those photos and videos -- subject, of course, to the strictures of copyright law. People who don't want to see such images can, and should, avoid them. Scolds who argue that judges should uphold a higher standard of decorumthan the common citizen and should somehow be prevented from engaging in such private activity as gathering subjectively amusing or even appalling smut should recall that the 1st Amendment is not limited to high-minded endeavors. The controversy about the site, to which Kozinski blocked public access after a story by Times reporter Scott Glover, would be less engrossing were the judge not so highhanded when holding forth on judicial propriety or taking apart a legal argument. The story might have a higher profile on TV and radio if he were a supposedly typical 9th Circuit liberal, rather than one of the nation's most brilliant conservative legal scholars. But it makes no difference whether the person with the porn site is left or right, smart or dull, a judge or anybody else. It is also true that judges are charged with administering justice and instilling public confidence in the law. Under the circumstances, it makes sense for Kozinski to recuse himself from the obscenity trial he was assigned to hear -- not because there is any readily apparent conflict but because the website controversy has become a distraction and will undermine public trust in the verdict.
Judge Alex Kozinski's statements about the stash of sexually explicit images he collected and that the public (until this week) could view on his website have been varied, although not necessarily inconsistent: He thought the site was for private storage and offered no public access (although he shared some of the material on the site with friends). People have been sending him this stuff for years (implying that it just accumulates, like junk mail). He might accidentally have uploaded the photos and videos when intending to upload something else. His son did it. There's a different statement we'd like to hear from him, and no, it's not an apology, an expression of regret or even an explanation. It's this: "So what?"Not everyone may like it, but pornography is freely available on the Internet, whether it be from a commercial site dedicated to adults-only material or from the personal site of the chief judge of the U.S. 9th Circuit Court of Appeals. Any adult has, and ought to have, the right to view those sites and to download those photos and videos -- subject, of course, to the strictures of copyright law. People who don't want to see such images can, and should, avoid them. Scolds who argue that judges should uphold a higher standard of decorumthan the common citizen and should somehow be prevented from engaging in such private activity as gathering subjectively amusing or even appalling smut should recall that the 1st Amendment is not limited to high-minded endeavors. The controversy about the site, to which Kozinski blocked public access after a story by Times reporter Scott Glover, would be less engrossing were the judge not so highhanded when holding forth on judicial propriety or taking apart a legal argument. The story might have a higher profile on TV and radio if he were a supposedly typical 9th Circuit liberal, rather than one of the nation's most brilliant conservative legal scholars. But it makes no difference whether the person with the porn site is left or right, smart or dull, a judge or anybody else. It is also true that judges are charged with administering justice and instilling public confidence in the law. Under the circumstances, it makes sense for Kozinski to recuse himself from the obscenity trial he was assigned to hear -- not because there is any readily apparent conflict but because the website controversy has become a distraction and will undermine public trust in the verdict.
Thursday, June 12, 2008
Update on Kozinski
Above the Law has all the details here, including that Judge Alex Kozinski has suspended the trial for 48 hours to figure out what to do, and an email from Kozinski himself:
David [Lat]: I can't comment on the trial.
As for the other matter, the server was maintained by my son, Yale, for the entire family. Pictures, documents, music, audio and other items of personal and family interest are stored there so various family members can reach them from wherever they happen to be. Everyone in the family stores stuff there, and I had no idea what some of the stuff is or was -- I was surprised that it was there. I assumed I must have put it there by accident, but when the story broke, Yale called and said he's pretty sure he uploaded a bunch of it. I had no idea, but that sounds right, because I sure don't remember putting some of that stuff there.
I consider the server a private storage device, not meant for public access. I'd have been more careful about its contents if I had known that others could access it.
Here's the latest from the LA Times.
UPDATE -- There are a number of sites that have collected the images from Kozinski's website. See here, for example. Ann Althouse discusses those images and the controversy at this link.
David [Lat]: I can't comment on the trial.
As for the other matter, the server was maintained by my son, Yale, for the entire family. Pictures, documents, music, audio and other items of personal and family interest are stored there so various family members can reach them from wherever they happen to be. Everyone in the family stores stuff there, and I had no idea what some of the stuff is or was -- I was surprised that it was there. I assumed I must have put it there by accident, but when the story broke, Yale called and said he's pretty sure he uploaded a bunch of it. I had no idea, but that sounds right, because I sure don't remember putting some of that stuff there.
I consider the server a private storage device, not meant for public access. I'd have been more careful about its contents if I had known that others could access it.
Here's the latest from the LA Times.
UPDATE -- There are a number of sites that have collected the images from Kozinski's website. See here, for example. Ann Althouse discusses those images and the controversy at this link.
Former Atlanta Mayor Bill Campbell
Fascinating article from the Atlanta Journal-Constitution about former Atlanta Mayor Bill Campbell who is serving a 30 month sentence for tax evasion.
Apparently the Mayor tried to get out of prison early by faking an alcohol problem. In federal prison, you can be released early if you have a drug or alcohol problem (and otherwise qualify)and participate in an intensive rehab program. Campbell participated and was released early, but when the Atlanta prosecutors found out, they flipped and informed BOP that Campbell was making it all up. BOP yanked him back into custody.
Campbell filed suit in front of Judge Ursula Ungaro, but he then withdrew the suit. He's now back in...
Apparently the Mayor tried to get out of prison early by faking an alcohol problem. In federal prison, you can be released early if you have a drug or alcohol problem (and otherwise qualify)and participate in an intensive rehab program. Campbell participated and was released early, but when the Atlanta prosecutors found out, they flipped and informed BOP that Campbell was making it all up. BOP yanked him back into custody.
Campbell filed suit in front of Judge Ursula Ungaro, but he then withdrew the suit. He's now back in...
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