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Jury Selection: So Simple Even a Magistrate Can Do It!

Posted in Criminal on Monday May 12 2008 @ 7:56am

This morning the SCOTUS ruled that federal magistrates may preside over jury selection if defense counsel (as opposed to the actual defendant) consents.

Justice Kennedy wrote the opinion: "If the parties consent, federal magistrate judges may preside over the voir dire and selection of prospective jurors in a felony criminal trial."

Here, the judge asked whether parties consented. Defense counsel did, but the defendant himself (who required an interpreter) did not. No objections were raised.

The Court held that the Federal Magistrates Act, 28 USC sec. 631, permit district courts to assign various duties to federal magistrates. That is, after all, the purpose of magistrates: they exist to help move those federal cases along.

In question here was sec. 636(b)(3), allowing assignment of "additional duties as are not inconsistent with the Constitution and laws of the United States." The Court looked to caselaw establishing these additional duties; federal rules requiring consent of all parties vs. unwaivable rights; and statutes allowing similar scenarios.

Justice Scalia concurred, focusing more on the function of attorneys and their relationship with clients. This is not a case in which the client objected to counsel's consent, but rather where the defendant did nothing. No personal waiver is required; it's all about agency.

Justice Thomas dissented. He didn't say why! (Kidding.) He would have overruled the caselaw cited by the majority. If Congress had wanted this duty to be assignable, it would have said so more explicitly. The precendent "requires us to wade into a constitutional morass."

See Gonzales v. U.S. (06-11612). (Link is to SCOTUSWiki.) See also Court Rules that Magistrate May Preside, AP (May 12, 2008).

Just Don't Answer Their E-Mail: Combatting Corruption in Nigeria

Posted in International on Sunday May 11 2008 @ 9:39pm

Proving our theory that examining problem-solving court specialties leads one directly to the top seemingly unsolvable problems of the day, now comes the anti-corruption court.

Corruption is the result of the lack of civil society, the breakdown of one or more of the estates (usually the fourth, but who's counting), and vast differences in the distribution of wealth (though not necessarily poverty per se, say researchers).

Corruption diminishes public trust and erodes institutions. Like quicksand, it sinks often already needy people into deepening poverty.*

International pressure has led to some reforms. For example, admission to the E.U. depends in part on a country's anti-corruption efforts. But is that enough? And what about the rest of the world?

A pending bill in Nigeria would create a special court for financial crimes related to corruption. Hopefully, it would not only help the country's economy by decreasing corruption, but also help speed up caseflow in the general jurisdiction courts. See Senate to Create Anti-Corruption Court, Laide Akinboade, Vanguard (May 12, 2008).

According to the U4 Anti-Corruption Resource Centre, Kenya, Pakistan, and Philippines have tried implementing anti-corruption courts, and the idea is close to reality in a few other countries.

The courts are not without criticism, though. In the wrong hands, they make excellent political weapons. For some models and guidance, see Anticorruption Laws, Kala Finn, Anne Skove, et al (June 10, 2004).

See also the truly amazing mission and work of Transparency International .

*As for whether corruption is merely one culture's tradition vs. western do-gooderism, Transparency International says "cultural relativism ends where the Swiss bank account enters the scene."

Shout Out to Moms

Posted in Family on Sunday May 11 2008 @ 7:44am

This rainy morning we write from inside a baby corral, where a 2-year-old is trying to build the "Pancake Home" out of blocks as his little sister tries to destroy it, and he retaliates by trying to hit her on the head with a toy cash register.

So it's only natural that we post a shout out to moms:

Eleven children and not one ever ended up in court! Quella Lockett is an inspiration to moms everywhere. See Mother of 11 Instilled Her Values and Put It All in the Hands of God, Stephanie Esters, Kalamazoo Gazette (May 11, 2008).

Do those inflatable jumpy things at carnivals look dangerous? A British tween suffered traumatic brain injury after a large 15-year-old somersaulted onto him during a romp in an inflatable castle. The family hosting the party failed to supervise and will be held liable. Mother Wins Court Fight over Son's Bouncy Castle Injury, Alexi Mostrous, TimesOnline (May 9, 2008).

What's it like to be a judge and mother of two children? Never a dull moment! See Mother's Day: Judge, Cheerleader, Cook, Maija Dixon, Democrat and Chronicle (May 11, 2008).

There are all kinds of moms celebrating today. Some (mine, for example) have motherhood conferred upon them by the courts. Birth mothers, though, are staying in the loop more often thanks to open adoptions. Once veiled in secrecy (God forbid anyone should learn who their own parents are!), the increase in step-families and other familial arrangements may have paved the way to greater acceptance of open adoptions. See Moms Involved in Open Adoptions Feel Gratitude on Mother's Day, Mark Gunderman, Chippewa Valley News (May 11, 2008).

Happy Mother's Day!

Sleb Alert

Posted in Hype on Saturday May 10 2008 @ 10:06pm

1. The Cruise of a Lifetime

Got summer plans? How about going on The Nation Cruise?

Judging from the full-page ad in the New York Review of Books, we believe that the Jackson 5 were all unavailable. How else to explain the double-bill of Jesse Jackson and Jackson Browne? Can Victoria Jackson be far behind?

The Jackson 2 are the Special Guests. Guest Speakers include Calvin Trillin and David Cole. No word on whether Celine Dion would be able to make it.

2. Better Than Miley's Memoirs!

Phone furor Alec Baldwin has a book due out in September. If that sentence alone doesn't make you weep, there's more: it's about his experiences in family court.

See Baldwin Details Celebrity Split, Carol Memmott, USA Today (May 10, 2008) (link is to Asbury Park Press); National Organization for Women Admonishes Media for Giving Alec Baldwin a Platform for Misinformed Theories, NOW press release (May 3, 2007); and Alec Baldwin and Parens Patriae, Stephen Baskerville (May 8, 2007).

3. Hearsay

See Man Claims Drugged Up O.J. Confessed to Murder, TMZ (May 10, 2008).

The Goldman family lawyer, though, accuses the person making the claim of "drinking the cocktail of celebrity and being intoxicated by Mr. Simpson's celebrity status." (Celebrity status?! He hasn't been in a Naked Gun movie in years.) See Goldman's Lawyer: Show Me the Money!, TMZ (May 10, 2008).

We've said it before and we'll say it again: what did we do before TMZ?!

Simple Injustice

Posted in Administration on Saturday May 10 2008 @ 9:22pm

Thanks to Simple Justice for elaborating on our recent post about New York court employees.

Having spent over a decade working with court administrators (as well as judges, none of whom were escorted on the gilded divans of which Simple Justice speaks, at least not to our knowledge), we have to remind ourselves that this is a forgotten demographic.

So we suppose it is not obvious that many state court employees are not unionized. In some places only certain positions (say, security guards or court reporters) are union members. Others may have no unions at all. Right to work!

You'd probably think that in a nice place like Santa Barbara (never been there but we guess it's nice -- it was the location of a glamorous soap opera!) the employees have a union.

Wrong!

They just recently voted to join one. We put our money on a union comeback as court employee benefits wither like daffodils in May.

Don't think the nonprofits that help courts have it any better. In fact, they sometimes have it worse. During the court budget problems of the late 90s, at least one organization felt it could not give its own employees a raise until the courts themselves were up to par. The gilded divans, too, were nixed in favor of used furniture (for some). (So, what's this "private sector" we've heard so much about?)

Not sure about the state of the unions in Maine, but we do know this: the budget woes have state court administrator Ted Glessner calling for automatons to replace the court reporters. See Machines to Replace Maine Court Reporters, Betty Adams, Kennebec Journal (May 9, 2008). Watch this happen around the country as budgets fall like petals in a storm.

We hope the new replacements are able to capture the record of trials like the acquitted activists in Bangor. See Jury Acquits Six in Protest, Judy Harrison, Bangor Daily News (May 1, 2008). It's not every day that war protesters, several of them proceeding pro se, are acquitted by a jury.

Blog of the Week(end): Commentaries by Bea V. Larsen

Posted in Family on Friday May 09 2008 @ 2:19pm

If there is a warmer, more inviting read online than Bea Larsen's Commentaries, we haven't seen it.

Bea Larsen is a mediator, lawyer, and stellar person to boot. Her blog (though "blog" seems like an ugly word to describe something so very nice) is about mediation and much more. She writes stories about disputants, focusing on the personal to the extent that her posts read like short stories.

She also writes about her life and times with her late husband, a professor; retells the lives of her older relatives; and looks ahead to future generations with stories about her children and grandchildren.

If you ever listened to her commentaries on WVXU back in the day, you will love this blog.

A cup of tea, a quiet morning (if there are such things where you live!), a sunrise: Commentaries is perfect weekend reading.

Enjoy!

For the Want of a Key

Posted in Administration on Friday May 09 2008 @ 8:35am

The Boston Globe's Jonathan Saltzman always has his finger on the pulse of the Massachusetts courts. This week is no exception.

See Courthouse Feud Erupts over Bathroom Key, Jonathan Saltzman, Boston Globe (May 9, 2008).

But the prosecutor claims the dispute is not a "feud" and that it is not simply over a key. Rather, she says the criminal investigation is underway to determine whether court security in search of a bathroom key unlawfully entered her locked office.

What this court needs is not involvement from the state supreme court, but an unlocked bathroom. If it must be locked, just leave the key under the mat. Or, forgo locks altogether in favor of pay toilets.

A Sip of COLA for NY Court Employees

Posted in Administration on Thursday May 08 2008 @ 7:50pm

In the private sector (so we hear) getting a 6% raise is what they do when they're too lazy to fire you. In the public sector (as we well know) it's considered a great honor.

Guess how honored New York Unified Court System employees feel right now?

Their union just negotiated a 4-year agreement, retroactive to April 2007. The deal increases salaries, improves pay in some areas, enhances longevity bonuses (we don't quite know what these are, but it sounds like a euphemism for gray hairs -- "this light really brings out my longevity bonuses!"), improves payments to the Employee Benefit Fund and Labor-Management programs (?), and increases funding for body armor.

So, they may not be able to afford college for their kids, but at least they'll be bullet-proof!

The raise amounts to 3% per year (starting in 2007), with 4% in 2010. Basically, this equals a cost of living allowance (or COLA).

Employees making over $115K must wait until a judicial pay raise is enacted. Is this a carrot/stick approach to the much sought-after New York judicial salary increase? The carrot being the raise for these higher-paid employees, who, perhaps, wield more influence over key legislators in the judicial salary fight. This is entirely conjecture! Anyone who really knows something, please feel free to share.

See the union press release, and NY Court Employees Set to Get Contract Raises, Newsday (May 8, 2008).

French Skills Helpful but Not Required

Posted in International on Thursday May 08 2008 @ 1:35pm

Want to sit on the Supreme Court of Canada (aka Cour supreme du Canada)? You may or may not be required to be bilingual.

Prime Minister Stephen Harper has tried to make bilingual skills a priority in replacing vacancies on the bench, but one former judge claims that this is not necessary.

For one thing, the amount of fluency is open to question. Should the person just be able to understand both English and French, or also be able to write opinions in both languages? Few sitting judges meet the latter standard.

Simultaneous translation is available (though, for anyone who's ever been simultaneously translated, it's hard to get used to). Documents can be translated, of course.

Such is the plight of unilingual anglophones. We can't decide whether to smother our pain with freshly-baked madeleines, drown them in Moosehead, or both. C'est la vie.

See Bilingualism Not a Priority for Top Court, Ex-Judge Says, Janice Tibbetts, The Gazette (May 8, 2008).

Those Crazy Canadians!

Posted in Family on Thursday May 08 2008 @ 1:22pm

And you thought you were having a bad day.

A judge has banned a divorcing couple (and we use that word loosely) from appearing before him in Ontario Superior Court.

The two were married for a year (one wonders how the union ever came to be) and, sadly, have an 8-year-old child. Between them, the pair have fought through 12 judges, just as many lawyers, 25 court orders, 2000 pages of filings, 3 contempt motions, and 1 suspended sentence.

First, the mother: she pulled the child out of school after the father attended a parent-teacher meeting, took the child to dozens of appointments trying to find evidence of emotional abuse by the father, has violated court orders at least 19 times, and has been convicted of contempt.

Oddly enough, the report says she works at a "wellness centre."

Now, the father: he has spent over $200,000 fighting support payments, and fought for a longer sentence for his ex-wife's contempt conviction.

The judge noted that the two "gorged on court resources as if the legal system were their private banquet table."

He also hoped that "some day, a wise person in a position of authority will realize that a court oflaw is not the best forum for deciding custody and access disputes, where principles of common sense masquerade as principles of law." Perhaps he is not aware of the court's family mediation services or the Ontario Association for Family Mediation, or does he think these groups need more teeth?

See Judge Bars Battling Parents from Court, Paul Waldie, Globe and Mail (May 8, 2008).

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