Tuesday, March 17, 2015

More judgeships in the SDFLA?

The U.S. Courts Judicial Conference is recommending 3 more judgeships in our District.  From the press release:
In other action, today the Conference adopted the results of the biennial judgeship survey conducted by its Judicial Resources Committee, which identified the need for five new appellate and 68 district judgeships. The Judicial Conference has provided the Director of the Administrative Office with the authority to seek separate legislation for Conference-approved judgeships in selected districts, providing the Judiciary with more flexibility in pursuing new judgeships in courts with the greatest needs.
Since the last comprehensive judgeship bill was enacted nearly 25 years ago, the number of cases filed in the U.S. courts of appeals increased by 28 percent and the number of cases filed in the district courts increased by 41 percent – civil filings grew by 40 percent and criminal filings by 43 percent.
The 26-member Judicial Conference is the policy-making body for the federal court system. By statute the Chief Justice serves as its presiding officer and its members are the chief judges of the 13 courts of appeals, a district judge from each of the 12 geographic circuits, and the chief judge of the Court of International Trade. The Conference meets twice a year to consider administrative and policy issues affecting the court system, and to make recommendations to Congress concerning legislation involving the Judicial Branch.

H/T Glenn Sugameli

Monday, March 16, 2015

What will happen to Judge Fuller?

We may find out this week.  From the LA Times:
Federal District Judge Mark E. Fuller was controversial even before he was arrested on allegations of beating his wife last year.
The Alabama judge was criticized for sitting on cases brought by the government even as his aviation company was getting hundreds of thousands of dollars in taxpayer-funded business. Appointed by a Republican, he was denounced for putting a former Democratic governor in manacles after a corruption conviction.
He was the talk of the courthouse for having an extramarital affair with his courtroom assistant, and for his messy public divorce.
Fuller, 56, is now battling bipartisan calls to resign over a fight he had seven months ago with the same former courtroom assistant, whom he'd married. The argument started after she accused Fuller of cheating on her with his law clerk.
Adding to Fuller's problems was that a few weeks after he was arrested, video was released of NFL star running back Ray Rice knocking his fiancee unconscious, putting a national spotlight on spousal abuse. The Baltimore Ravens dropped Rice.
"If an NFL player can lose his job because of domestic violence, then a federal judge should definitely not be allowed to keep his lifetime appointment to the federal bench," said Rep. Terri A. Sewell (D-Ala.).
Sewell and both of Alabama's Republican senators, along with other members of the state's congressional delegation, have called on Fuller to step down.
Fuller's judicial career now rests largely with a five-judge review panel that has investigated his behavior and is expected to release its findings this month. A House of Representatives committee is gearing up for possible impeachment hearings against Fuller, who was appointed to the federal bench by President Bush in 2002.
Retired Alabama federal Judge U.W. Clemon, who as chief judge of the U.S. District Court in Birmingham dealt with similar ethical issues, said that Fuller's constitutional appointment may not be enough to save his job.
When a judge's behavior results in him "being thrown in jail like a common criminal, that's not within the conduct that is condoned by the Constitution," Clemon said.
Kelli Fuller, the former court assistant who was divorced from Fuller after the incident, has not spoken in public about what happened at the Ritz-Carlton hotel in Atlanta last August. But her version is amply represented in police files.
"He's beating on me! Please help me," Kelli Fuller pleaded to a police dispatcher, who called for an ambulance and could be heard telling a co-worker, "I can hear him hitting her now."
The policeman who entered the hotel room found her with "visible lacerations to her mouth and forehead" and said the room smelled of alcohol.
"Mrs. Fuller stated when she confronted him about their issues, he pulled her hair and threw her to the ground and kicked her," the police report said. "Mrs. Fuller also stated she was dragged around the room and Mr. Fuller hit her in the mouth several times with his hands."
Judge Fuller was taken to jail, where he spent the night on a charge of misdemeanor battery. But he avoided a criminal record by agreeing to a pretrial diversion program, including a drug and alcohol evaluation and 24 sessions of domestic violence counseling.
Nebraska federal court Judge Richard Kopf, who writes a blog about judicial issues, called it "a sweet deal."
Hope everyone enjoyed Pi day this weekend.  Get ready for March Madness this week.  (And yes, the Canes were robbed.)

Friday, March 13, 2015

Briefer briefs?

From the front page of the WSJ:
Before the current limit was established in the 1990s, briefs were capped at 50 pages, a rule dating back to when attorneys used typewriters. According to a 2,600-word “short history” of the last rule change prepared by a University of Pennsylvania law professor, lawyers were skirting the page limit by squeezing the space between lines, letters and words. So they decided a word limit would better discourage verbiage.
A judicial advisory committee made up of judges, lawyers and law professors selected by Chief Justice John Roberts now says that page-to-word conversion miscalculated how many words were in an average 50-page brief. The committee conducted a study finding that a typical page runs about 250 words. It did a new calculation—250 multiplied by 50—to come up with the 12,500 limit.
Lawyers say they’re skeptical of that logic. “Identifying a purported mathematical error that occurred 15 years ago does not provide a sound basis to change current policy,” wrote the Council of Appellate Lawyers, a nationwide group affiliated with the American Bar Association.
Michael Gans, clerk of the Eighth U.S. Circuit Court of Appeals in St. Louis, who oversaw the word-count study, says the process couldn’t have been more painstaking. It was carried out by a high-school graduate who interned at his office and spent a recent summer in a cubicle counting every single word of 200 printed-out briefs that served as the sample.
“I felt sorry for her, but that’s what she did all summer,” Mr. Gans said. “She still wants to go to law school.”
“It is harder to write a short opinion than a long opinion,” said Judge Silberman. “Perhaps that explains why some lawyers object. I think the computer is a bit problematic. It’s too easy to write too much.”

Justice Sotomayor spoke yesterday at Davidson:
She told a basketball court of seated students that she’d spoken at “countless” colleges and universities, and Davidson was the first school to seat students “front and center.”
Pointing to alumni and townspeople in the bleachers, she said: “Generally those guys are down here.”
The students cheered.
Sotomayor, the court’s third woman and first Hispanic justice, spoke honestly about her life and how her experiences have affected her nearly 25 years as a judge.
She was raised in public housing projects in New York’s South Bronx, primarily by her mother when her father suddenly died when she was 9.
After high school, she earned a scholarship to Princeton University, where “when I arrived, I thought I was an alien – not in a different land, but in a different world.”
“The people there had a better education than I did then,” she said. “They were taking spring breaks and flying places and they were traveling to Europe. Europe was a place I thought I’d never see.”
***
She said the current court could use more diversity of experiences. All its justices went to Ivy League schools, most are from the Northeast and none were defense lawyers before they took the bench. Few were small firm practitioners and many were academic lawyers. None, except for Sotomayor, had state government experience.
“That’s a bad thing,” she said. “We’re being asked to make decisions that affect every aspect of life. We’re reviewing state criminal law convictions every single day. It’s valuable to have someone there who can explain some of that.”

Read more here: http://www.charlotteobserver.com/news/local/article13844528.html#storylink=cpy


Read more here: http://www.charlotteobserver.com/news/local/article13844528.html#storylink=cpy
 Oh yeah, and two terror brothers pleaded yesterday before Beth Bloom.  From Paula McMahon:

Two brothers from Oakland Park pleaded guilty to federal terrorism charges Thursday, admitting they plotted a terrorist attack on landmarks in New York City and later assaulted two deputy U.S. Marshals while in custody.
Raees Alam Qazi, 22, and Sheheryar Alam Qazi, 32, both pleaded guilty in federal court in Miami to one count of conspiring to provide support to terrorists and conspiring to assault two federal employees. The younger brother pleaded guilty to an additional charge of attempting to provide material support to al-Qaida.
The Qazi brothers, who wore beige prison scrubs and were handcuffed, shackled and under tight security in court, both said "Guilty" when asked how they wanted to plead. They said little more than "Yes, ma'am" and "No, ma'am" in response to the judge's questions. Both men have thick beards, Sheheryar Qazi's hair was closely shaved and the younger brother's hair is about the same length as when he was arrested.

Wednesday, March 11, 2015

Chief Judge K. Michael Moore speaks to Federal Bar Association

It was a big turnout to see the new Chief in his first FBA talk, which went through the numbers of the district.  There were even graphs:


Tuesday, March 10, 2015

Supreme Court to review Florida death penalty

The Supreme Court granted cert on the following issue:

HURST, TIMOTHY L. V. FLORIDA: The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following question: Whether Florida's death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court's decision in Ring v. Arizona, 536 U.S. 584 (2002).

Judge Martinez may be vindicated after all.