February 21st, 2008

Bush Judicial Nominee Found With Scant Courtroom Experience

I hate it when someone with so little experience is nominated for a judgeship. And when I write “so little experience,” I mean I apparently had more in my first full year than Bush’s nominee for the Middle District of Tennessee has had in an entire career. Gustavus Adolphus Puryear IV is the subject of a Stephanie Menicmer skewering that just appeared in Mother Jones.

Leaving aside the roman numerals after his name – blame his parents for that one — what does he bring with him to the bench if confirmed by the Senate? He has this courtroom resume: He has tried two cases, though the article doesn’t say if that means they were actually tried to verdict or he picked a jury and settled.

His current position is that of an executive for a private prison company. And in that capacity had this to say: “Litigation is an outlet for inmates. It’s something they can do in their spare time.” Legal issues that may be raised are, apparently, unimportant.

Now I’m not saying that courtroom experience is a requirement to be a judge. I don’t say that because the Constitution doesn’t say that. But it damn well should be to get past the Senate in their capacity to give advice and consent for judicial nominees.

If you want to know how political connections result in judicial nominations, check out the Mencimer article.

This isn’t about politics of the left or the right, but about basic competence to do a job. Considering that the lives of others would be in his hands, I think that’s kinda important.

The Senate Judiciary Committee held a hearing on February 12th, and has not yet voted on the nomination.

More at:

 

December 12th, 2007

The Worst Courthouse in America?

I’ve had the misfortune of appearing in the Bronx County Family Court a few times in the past. And I’ve almost blogged about my experiences because they were so horrible.

And by horrible, I mean that the people who appear for family disputes and custody hearings can’t even get into the courthouse and to the hearing rooms because of broken elevators. It can easily take two hours just to get to the hearing room. Then the hearings get adjourned until another date because everyone isn’t present.

Today, the New York Times has a piece on this very problem, front page of the Metro section, above the fold.

Many law blogs discuss great principles of the law. But principles mean nothing if you can’t get in the door to argue your case.

British Prime Minister William Goldstone once said, “Justice delayed, is justice denied.” And nowhere is that more true than in the Bronx Family Court.

 

December 11th, 2007

New York Chief Judge Flip-Flops On Lawsuit. Again

New York’s Chief Judge, Judith Kaye, threatened to bring a lawsuit for judicial pay raises in April (New York’s Chief Judge Threatens To Sue For Pay Raises).

Then she changed her mind in July (A Judicial Brawl in New York As Chief Judge Kaye Abandons Lawsuit Threat).

Now, according to this AP report, she is once again threatening a lawsuit (NY’s chief judge says she may sue over judicial pay raises, via Judicial Reports).

What, exactly, is the rest of the state’s judiciary to think?

Links to this post:

eric turkewitz of new york personal injury law blog [lexblog q & a]
eric turkewitz, the new york attorney and founder of the turkewitz law firm, is the featured interview subject for today’s lexblog q & a. aside from his legal work, eric also runs a blog, the new york personal injury law blog,

posted by [email protected] (Rob La Gatta) @ February 21, 2008 2:49 PM

eric turkewitz of new york personal injury law blog [lexblog q & a]
eric turkewitz, the new york attorney and founder of the turkewitz law firm, is the featured interview subject for today’s lexblog q & a. aside from his legal work, eric also runs a blog, the new york personal injury law blog,

posted by [email protected] (Rob La Gatta) @ February 21, 2008 2:49 PM

anything that fits, they’ll print
after another round of threatening, pleading and cajoling, the issue of judicial pay raised for new york’s judges came back to the editorial page of the new york times this week. as eric the turk noted, chief judge judy kaye
posted by SHG @ December 14, 2007 2:07 PM

 

December 2nd, 2007

New York Judge Grows Protest Beard Over Salary Issue

Nine years is a long time to go without a raise. And that’s how long New York’s judges have gone without. And when I say no raise, I mean they haven’t even received a cost of living increase to their $135,900 salary.

So Staten Island’s Acting Supreme Court Justice Philip Straniere is letting his whiskers go as his way of protesting.

The story comes out of the Staten Island Advance (hat tip: How Appealing), and here is they money quote on his four-month old beard:

[T]the way things are going, my beard should be long enough by Christmas for me to get work as a sidewalk Santa for some charity.”

Since first year associates at big firms blow the judiciary out of the water with the money they make, we can expect a decline in our state’s judiciary if this continues.

And if the beard idea gets traction in the courthouses, things could get interesting.

Previously covered:

Links to this post:

judge grows beard in protest of judicial salaries
eric turkewitz’s new york personal injury law blog has a post on staten island’s acting supreme court justice philip straniere growing a pretty much out of control beard in protest of new york judges failure to get a raise in nine years
posted by Ronald V. Miller, Jr. @ December 08, 2007 11:53 AM

 

October 3rd, 2007

New York’s Disgraced Ex-Chief Judge Wachtler Readmitted to Bar

Sol Wachtler, formerly the Chief Judge of New York’s highest court, has been readmitted to the New York bar. Wachtler, who had served in the Court of Appeals for 20 years, had plead guilty to threatening and harassing his former lover 14 years ago. I had covered his motion to be re-admitted on February 21st (Sol Wachtler Getting Law License Back?).

Amongst other transgressions that involved stalking and hiring a private detective and anonymous obscene messages so that she would turn to him for help, he also had threatened to kidnap her teenage daughter.

He served a 13 month jail sentence and wrote a book about his experiences in which he blamed an undiagnosed mental illness and prescription drugs for his problems.

In a a biography of Wachtler (King of the Mountain) by Albany Times Union editor John Caher, he writes of the former Chief Judge:

“Wachtler struck down the ‘marital exemption’ to rape. Prior to his court’s decision, there was an exemption in the rape statute that essentially allowed a man to rape his wife, even a wife with whom he was estranged, with absolute impunity,” Caher says.

“Wachtler declared the law unconstitutional and initiated a reform. Other Wachtler decisions broadened the human rights law to prohibit discrimination against obese people and provided women with a far stronger sword against gender bias. He wrote a passionate dissent when his court found nothing wrong with a prison guard openly displaying his affinity for the KKK. Long before it was socially acceptable to tolerate homosexuality, Wachtler publicly and gratefully accepted the endorsement of a gay rights group.”

Coverage can be found here:


(Eric Turkewitz is a
personal injury attorney in New York.)