richlevy |
10-09-2005 10:19 AM |
Judges Behaving Badly
We've touched on this topic in the Robert's thread, the 'eminent domain' thread, and so on. I decided to put this one in a thread all by itself and make this the dumping ground for discussions about judicial misconduct, abuse, and negligence.
From here .
Quote:
Judge gets an unusual scolding
The 3rd U.S. Circuit Court of Appeals this week threw out a ruling by U.S. District Judge Arthur J. Schwab, saying he copied his opinion "nearly verbatim" from a proposed opinion written by lawyers for the defendants.
The rebuke from the appellate court was unusual.
"Typically, judges try to deal with each other with kid gloves," said John Burkoff, a professor at the University of Pittsburgh School of Law who specializes in legal ethics. "In this case, for some reason, the gloves came off."
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Quote:
Bright's lawyer, Peter Suwak, appealed on various grounds, including the assertion that Schwab's order was essentially "ghostwritten" by the defense, according to Nygaard.
Lawyers and legal experts were surprised at the appellate dressing-down, but not necessarily by Schwab's actions.
While the judge enjoys a reputation for being smart and hard-working, many lawyers throughout the region have also complained about the imperious way he handles cases.
A former Buchanan Ingersoll lawyer appointed by President Bush in 2002, Schwab started work last year and is known for diligence. He has raised eyebrows in the courthouse, for example, by scheduling some proceedings as early as 8 a.m.
But many lawyers have also said he pressures them to settle their cases in the interest of efficiency, sometimes so early in a proceeding that he hasn't fully heard both sides.
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This reminds me of the first judge from the movie/novel The Rainmaker
Quote:
Rudy Baylor: Objection. Your honor, he's leading the witness.
Judge Kipler: This is cross examination, leading is allowed. Overruled, as to leading.
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