Anonymous Bloggers

There is a group of lawyers I’ve come to know over the last six months to a year and to whom I look up because most of them have more experience in their pinky fingers — probably most of them have shed more law experience through their pinky fingers — than I yet have on some issues.

Don’t get me wrong.  From what I’m told, I’m a fine lawyer, even if it doesn’t always feel that way to me.  And yesterday, with numerous families surrounding me as I exited a courtroom, all asking for my card and whether or not I could represent their family member, I started to think Year Four as a lawyer might actually be fun.  But these guys are like gods to me.  They are what I aspire to be.

In some ways.

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F**k Justice

You’ll have to forgive my choice of title — or not, I don’t really care — the story that inspired this post makes me angrier than just about anything I’ve heard recently.  If it makes you feel better, pretend the actual title was “Ex Parte, In Parte.”

“Justice” Thomas — you know, the dude who was appointed to the United States Supreme Court notwithstanding allegations of repeated sexual harassment of a young woman who worked for him when he was a mere judge — says that criticizing judges decision-making is a bad thing.

“Justice” Scalia tells us that we’ve come a long way, baby, to get where we got to today, where the people involved in capturing and convicting “criminals” — with the average American committing three felonies per day, that would be most of us under the new regime — are so professional that we don’t need the exclusionary rule anymore.

And Scott Greenfield, a criminal defense attorney in New York, tells us about a case of a judge who was having an extramarital affair with the prosecutor during a murder trial which resulted in — surprise! — a conviction.

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The Shame of the Juvenile Court

A judge whom I consider a good man — and who I believe I would be pleased to call my friend if ever that were possible — nevertheless lost his temper with me recently during an off-the-record discussion.  The subject of the discussion and the way the court lost its temper is why I had to write this post.

Two things should be noted before I “get into it.”  First, whether the court or anyone else believes me on this, I’m writing this because a driving force in my life is the Jewish concept of tikkun olam. In other words, I want to work cooperatively to leave the world a better place than it was when I arrived.  If I can’t do it cooperatively, though, I will nevertheless work to do it.

The second thing is the corollary to that desire: I’m not writing this to further anger the judge (though given the court’s refusal to give serious consideration to this issue, that may be a sadly unavoidable side effect of my comments).  Rather, I wish to explain what I was unable to say due to the chilling effect of the court’s reaction to my off-the-record comment — and to the fact that others had started to filter into the courtroom.  I’m hopeful — since I know some judges read my blog — that this post might help explain why it is the right for the court to change its position on this one issue, and why it should be ashamed if it does not.

So what were we talking about?  And what did I say that so enraged one of the few judges I would love to be able to call my friend?

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Foreclosures & The Rule of Law

During a momentary escape from a brief I’m trying to complete before the end of today, I ran across an article on the Pennsylvania Litigation Blog about a sheriff who has become a hero to some because he won’t conduct auctions on foreclosed homes as the law requires.

The article itself was basically just a reprint of one that was supposed to appear in the Wall Street Journal on June 6, 2008.  It was a user comment that struck me more and inspired this post.

I don’t normally write about non-criminal law issues, but since this involved a sheriff picking and choosing what duties to perform, it seemed an acceptable fit here.

The commenter praised the sheriff because even though what the sheriff did was “against the law,” it was the morally right thing to do.  At least, it was the morally right thing to do in that commenter’s opinion.

I disagree.  At least I think I disagree.  (Keep reading!)

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