Slow blogging

Sorry! We'll hit you back on Monday.

--David Oscar Markus
www.markuslaw.com
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Joe Biden on Sotomayor

From ABAnews:

Vice President Joe Biden’s comments yesterday supporting Judge Sonia Sotomayor’s law enforcement credentials has some critics suggesting he went too far.

Speaking yesterday at a White House event to showcase prosecutor and police endorsements for Sotomayor, Biden noted that the Supreme Court nominee has experience as a prosecutor, Politico reports. “As you do your job, know that Judge Sotomayor has your back as well. And throughout this nominating process, I know you’ll have her back,” Biden said.

“She gets it. … She gets what you do every single day, day in and day out. She gets that one drug dealer on a corner, one rapist in a park is one too many and can terrorize and devastate a neighborhood,” Biden said. “And she has a record to prove that she gets it.”

Some conservatives and one legal ethicist are criticizing Biden’s comments, the story says. “I think what Biden said was foolish,” said New York University law professor Stephen Gillers.

“She’s not there to ‘have their back.’ She’s there to interpret the law as she sees fit. … Biden crosses the line when he starts representing to interest groups that she would be voting in their favor.”

Northwestern law professor Steven Lubet disagreed. “The fact that her supporters think she’s more disposed toward law enforcement does not suggest bias. Everybody’s in favor of law enforcement; no one’s opposed to law enforcement,” Lubet told Politico. “This lacks the sort of specificity that would suggest bias.”

Breaking -- applicants for District Judge, U.S. Attorney, and Marshal

The applicants for District Judge are:

Jerald Bagley
Gerald Cope
Mary Barzee Flores
Darrin Gayles
Randee Golder
Judith Korchin
Robert Lee
Robert Levenson
Peter Lopez
Patricia Lowry
Ana Maria Martinez
Caroline Heck Miller
Maria Ortiz
Emmanuel Perez
Robin Rosenbaum
Robert Scola Jr.
Barry Seltzer
Tina Talarchyk
Patrick White
Kathleen Williams

For U.S. Attorney:

David Buckner
Reginald Corlew
Wilfredo Ferrer
Richard Gregorie
Ilona Holmes
Marvelle McIntyre-Hall
Brian Miller
Curtis Miner
Thomas Mulvihill
Lilly Ann Sanchez
Mark Schnapp
William Richard Scruggs
Jeffrey Sloman
James Swaim
Daryl Trawick
Sandra Wiseman

For U.S. Marshal

William "Bill" Berger
David Nieland
Christina Pharo
G. Wayne Tilman
Mark Weimer
Glen Wilner

Will Supremes grant cert for Cuban 5?

That's the question raised by Jay Weaver in today's Herald.
Less than 1% of cert petitions get granted, but Tom Goldstein signed on to this one and there are very interesting legal issues getting lots of pub. I'll go out on a limb and say cert will be granted in this case. (Prior coverage here)

What say you dear readers?

Will the Supreme Court grant cert in the Cuban 5 case?
	Yes
	No
pollcode.com free polls

Loring Spolter does not like Judge Zloch

And he has alleged a conspiracy involving the clerk to have his cases assigned to Zloch. Yikes.

Here is the study that Spolter relies on to say the assignments aren't random. It's been a while since I took statistics, but the sample size here (Spolter has had 15 cases from 2006-2009) does not seem to be all that significant. Only 5 of those cases were assigned to Judge Zloch.

Anyway, from today's DBR:

Two years ago, Fort Lauderdale employment lawyer Loring Spolter accused U.S. District Judge William Zloch of allowing his conservative political and religious views to color his decisions on the bench. Spolter failed to get Zloch to remove himself from a case centering on overtime pay against SunTrust Bank. But this time the attorney is brandishing a new weapon: statistics. Spolter has filed motions for reconsideration in three cases, asking Zloch to recuse himself because evidence shows Spolter’s cases are predestined to end up before the former chief judge. He said he has suspicions the clerk’s office may be funneling his cases to Zloch.

So what's up with the study:

Judges are randomly assigned cases by computer in what is generally referred to as “the wheel.” Spolter hired Florida Atlantic University professor Dragan Radulovic to look at his case assignments in South Florida over the last 15 years and said “with 99.9 percent certainty the mechanism responsible for judges’ distributions was not random blind assignment.” But there appears to be a problem with the study. Spolter insists the 24 sitting judges are assigned at random throughout a district that stretches from Key West to Fort Pierce. But the current chief judge says it is much more complicated. A tiered system is used that gives weight geographically to where the case is filed as well as how heavy a judge’s docket is at the time, said U.S. District Court Judge Federico Moreno, who took over the chief judge position from Zloch in 2007. For instance, a case filed in Fort Lauderdale would circulate at random among the three judges and one senior judge there. If their case load is heavy, the new case would then be directed to either West Palm Beach or Miami. Zloch is one of the judges who sits in Fort Lauderdale, where Spolter filed all of his cases. Senior judges also take a smaller portion of cases available, and there are special provisions for Fort Pierce, Key West and death penalty cases. For instance, Senior U.S. District Court Judge Donald Middlebrooks, who sits in West Palm Beach, takes a number of Miami cases.

Gotta love the chief:

All in all, the wheel is more akin to a logarithm than a game of roulette. “It’s not like the Wheel of Fortune,” Moreno said.

Pacenti's article goes on about the wheel and how cases are assigned. It's worth a read.