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Overlawyered or Overhyped?

Posted in Access on Wednesday July 14 2010 @ 4:35am

If you think things are crazy where you work, imagine this -- downtrodden celebrities (society's favorite kind) parading through, day after day, leaving paparazzi in their wake like so much confetti after a parade.

On top of that, it all takes place in a state where furloughs and other cutbacks have become de rigueur (though Furlough Fridays are, thankfully, over for now).

See Stars, Cameras and Theatrics Strain Courts, Michael Cieply, NYT (July 9, 2010).

L.A. court PIO Allan Parachini is the man! We remember back in the day when he would send out informational faxes regarding Winona's shoplifting case. Getting the word out to the people who are going to show up (whether invited or not) is just one of Mr. Parachini's tasks.

Eriq Gardner at THR, Esq., doesn't get it but tries with Are Celebrities to Blame for an Overburdened Court System? (July 12, 2010). It's not about the celebrity legal problems themselves -- they're not so different from anyone else's. It's the logistics. Traffic, security, cameras in the courts (and their concomitant procedures), long lines, parking...the confetti falls on all of these and more.

One person's DUI is another person's photo op. As the threshold for fame dips to a new low, gawkers increase and multiply. The result is chaos, which is just one more piece of the court PIO's life.

The Night The Rights Went Out In Georgia

Posted in Criminal on Tuesday July 06 2010 @ 5:12am

How many ways can public defense go wrong in Georgia? Let us count the ways.

1. Recall that the county-based defender system failed. Atlanta, for example, is made up of several different counties. Someone on one side of the city got one public defender system, while someone down the road got another, etc. etc. Finally, a statewide system was introduced.

1.a. Now there's talk of going back to the old ways (the ones that didn't work in the first place). See Georgia's Public Defender System May Go Back Under County Control, Bill Rankin, Atlanta Journal-Constitution (April 6, 2010).

2. The Nichols case, in which a defendant shot up a courtroom (killing a judge and others) and fled, bankrupted the system.

2.a. This would be a bit more understandable -- disasters happen -- if it were not for the complete failure of court security. So many things were wrong with security that it's amazing this didn't happen sooner and more often. The rest of the world woke up that Friday afternoon and took a good hard look at court security. Why does it take something so horrible for common sense to kick in? Or not, as the case may be. See Five Years After Nichols Shootings, Is The Fulton Courthouse Safer? Rhonda Cook, Atlanta Journal-Constitution (March 11, 2010).

2.a.1. At the same time, Nichols protested the use of cameras in the court during his trial. See Hair Today, Guilty Tomorrow, court-o-rama.org (July 2, 2008).

2.b. Yet, the Nichols case wasn't funded properly, either. See For The Defense? court-o-rama.org (January 25, 2008).

2.b.1. Part of the funding problems for Nichols could have come from the fact that two different judges had the case. See Damned If He Does court-o-rama.org (January 30, 2008), and New Nichols Judge, court-o-rama.org (February 4, 2008).

2.b.2. Due to juror gridlock, Nichols was sentenced to life. See Juror Gridlock, court-o-rama.org (December 12, 2008). Who knows whether more funding would have meant death for Nichols?

3. This (plus many other procedural and substantive mishaps throughout history -- let's not forget things like the group plea bargain, which may or may not still be in use in some courts) brings us to the Weis case. Here, when the state ran out of money to fund Weis's capital defense, the prosecutor recommended two local public defenders to take the job. Yes, you read that correctly. See Defendants Squeezed by Georgia's Tight Budget, Adam Liptak, NYT (July 5, 2010). H/T to court-o-rama's man of the house!

So, what now? The SCOTUS, if it takes the case, may or may not come up with a good solution for Weis and other similarly-situated defendants.

Meanwhile, perhaps they can learn a few lessons from fencing (the sport, not the reselling of stolen goods) via Simple Justice. See 7 Lessons From Atlanta, Scott Greenfield, Simple Justice (July 5, 2010).

Happy 4th of Jury

Posted in Jury on Monday July 05 2010 @ 8:13am

No, that's not a typo. As Guru Thomas Munsterman is fond of reminding people, one of the grievances of the colonists against the king was For depriving us in many cases, of the benefit of Trial by Jury...

Is it possible that the founding fathers could have imagined that a few hundred years later we'd be going to great lengths to abolish our own right to a jury trial? Buying the myth that we're too litigious, looking for judicial hellholes in all the wrong places, and generally mocking those who protect us.

So just do it. Yes it's already Monday but it's too hot to go out and it's still early, so just read it already!

In Case You've Ever Wondered

Posted in Truth Is Stranger Than (Legal) Fiction! on Saturday June 26 2010 @ 9:02am

Listen to Supreme Court Trivia: Why No One Wears Wigs, NPR Staff, Morning Edition (June 26, 2010).

On the Soccer Court

Posted in Criminal on Wednesday June 23 2010 @ 8:42pm

Ha, we know that soccer isn't played on a court! We just said that to introduce you to the World Cup Court.

Like spring break court (a real phenomenon in places like Daytona), World Cup Court exists to cope with the mayhem that ensues when thousands of people come to town rather suddenly.

Unlike the spring break courts, World Cup Court protects the international community from orange mini-dresses. See 2 Arrested in World Cup Minidress Flap, AP, KIDK.com (June 16, 2010).

Read/listen to the somewhat definitive South Africa's World Cup Court: Sudden Justice, Mike Pesca, All Things Considered (June 22, 2010).

But why try so hard to score a gooooooaaaaallllll against Cup-related crime? Is this an image thing, like hiding your homeless before the cameras roll? Fear not, area people were sequestered near a TV (and apparently serve as a captive audience for a pastor) so they can watch the games. See Bafana Bafana Bring Cold Comfort to Homeless, Kate Holton, Washington Post (June 16, 2010). See also Poor People's World Cup Shows Exclusion of Poor in South Africa, Huffington Post (June 21, 2010).

See also the somewhat unrelated (it's just an analogy -- the headline tricked us!) A World Cup Court of Appeals, Paul Clement, Slate (June 23, 2010).

Oh, and even more off-topic -- did you know that Betty White is a World Cup referee? The vertical stripes make her look taller.

Up All Night

Posted in Probate on Wednesday June 23 2010 @ 6:48pm

While the world slept, court-o-rama was up late eating macaroni and cheese and watching Charlie Rose. (Anything for the blog!)

What a fantastic topic and panel! Experts around Charlie's table discussed mental health issues -- diagnosis, genetic roots, neurology, treatment, health care (including a tip o' the hat to the new parity laws), and effects on the family.

All somewhat familiar ground. What was different here were the panelists -- two of whom suffer from major mental illnesses. Imagine devoting your career to solving a disease from which you yourself suffer. This wrinkle did not go unnoticed by Mr. Rose.

Where's the court-related lesson, you ask? If you're around the courts and legal system for any length of time, you're bound to encounter mental illness in some form or another. Civil commitment, guardianship, domestic relations, crime -- the nexus between legal and mental looms large. So see Charlie Rose Brain Series Episode Nine (June 22, 2010). You'll be glad you did.

Is Smart the New Tough?

Posted in Criminal on Tuesday June 22 2010 @ 7:36pm

Like the macarena, Tough on crime is soooo 1990's!

At least one prosecutor (sure, there may be at least one other!) is getting smart on crime.

See 'Smart on Crime' Mantra of Philadelphia Prosecutor, Erik Eckholm, NYT (June 19, 2010). See also 'Zone Courts' Proposed in Phila., Craig R. McCoy, Nancy Phillips, and Dylan Purcell, Philadelphia Inquirer (May 30, 2010).

It will be interesting to see how his efforts pay off. Taxpayers may finally have reached the point where they no longer wish to pay for expensive (and often ineffective) toughness.

It would also be interesting to know what Scott over at Simple Justice has to say. Surely he will chime in as soon as he's finished watching Karate Kid.

Buffy the Vampire Trial Simulator

Posted in Hype on Tuesday June 22 2010 @ 4:22pm

The First Amendment could use a Watcher, goodness knows.

Free speech was the theme of a US District Court for the District of Columbia's law-related education program. That, and vampires (so sue us, we're more Buffy than Bella).

See Federal Judges and Vampires Teach Student Rights, Wrongs, US Courts (June 21, 2010).

Happy Graduation!

Posted in Hype on Saturday June 19 2010 @ 12:51pm

To all the law, etc., grads out there -- congratulations! You survived three insanely difficult years, you're studying for a mindbendingly complicated test, and you've never been more in debt or more overqualified for a job!

Court-o-rama is here to help. Here are a few job resources if you're looking:

The US Court of Appeals for the Sixth Circuit has several positions open, including bankruptcy judge, staff attorney, mediator, and a few different librarian positions.

Other US Court jobs can be found here.

The National Legal Aid and Defender Association (NLADA) lists jobs around the country.

The National Conference of State Legislatures (NCSL) is full of great people, and has an excellent jobs clearinghouse, plus links to state legislatures' employment offices.

DOJ!

Likewise, the National Association of Counties (NACO) maintains Jobs Online.

Happy hunting and good luck!

You (yes, you!) can do it!!!

Extreme Unctuousness

Posted in Civil on Saturday June 19 2010 @ 12:11pm

Can legal minds work like Dawn and take the grease out of our way? Unfortunately, no, but there is no shortage of pondering the legal aspects and subaspects of the BP goo.

The New York Times is flabbergasted that lawyers are putting their greasy mitts into the conflict. Seventh Amendment? What Seventh Amendment? See First the Spill, Then the Lawsuits, John Schwartz, NYT (June 10, 2010).

Law Professor Blogs are all over the issue like globs on a pelican:

How is BP like Arizona? No, it's not a riddle. See Arizona Meet BP, Alvaro Huerta, ImmigrationProf Blog (June 2, 2010).

Does the cap on liability that is part of the Oil Pollution Act of 1990 apply to BP? See BP May Be Innocent Until Proven Grossly Negligent, John Fershee, Business Law Prof Blog (June 9, 2010).

Oh, if only we'd all been paying attention! See OSHA Fines BP a Record $87 Million for Unabated Violations, Marcia McCormick (who, sadly, was a bit too hopeful), Workplace Prof Blog (October 30, 2009)!

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