Amy Coney Barrett Is Looking Beyond the Trump Era | Interesting Times wi...

Two Wyoming Supreme Court justices discuss role amid growing legislative, public scrutiny - WyoFile

Two Wyoming Supreme Court justices discuss role amid growing legislative, public scrutiny - WyoFile: High court maintains business-as-usual approach as justices weigh high-profile cases on abortion, school financing, justices say.

Notice Regarding Impending Government Shutdown

From the Federal Courts.

If the federal government enters a lapse in appropriations (aka "a shutdown") on October 1, 2025, the United States District Court and the United States Probation Offices will remain open, and all court operations will continue as scheduled. During Phase 1 of a lapse in of appropriations, balances from fees and no-year appropriations allow the judiciary to sustain operations until those fees and appropriations are exhausted. Once those fees and appropriations are exhausted, the judiciary has no available funds to continue operations and enters Phase 2 of a lapse in appropriations. During Phase 2 of a lapse in appropriations the judiciary must reduce operations to perform only excepted activities. The Court will issue further guidance regarding excepted activities should the lapse in appropriations progress into Phase 2.

Tone it down, senator. There is no fire in this theater.

Tone it down, senator. There is no fire in this theater.: Surely Sen. Lummis, an attorney who took an oath to uphold and defend the Constitution, one whose congressional ancestors crafted the language she now seeks to unwind, understands the implications of greenlighting limitations of speech.

A Broken Profession

This is a follow-up to something I posted here just the other day, taking the blog away from its comfortable place of depicting courthouses, into the nature of the contemporary practice.

Courthouses of the West: Things in the air. Some observations with varying ...: This blog is supposed to be dedicated to architecture, basically, although matters pertaining to the law do show up here.  Very rarely is th...

Here, I'm doing it again.

The CLEs above were on my mind to such an extent, and indeed they still are, that I've discussed them with several other lawyers I know.  Turns out some of them are on meds for anxiety.  I would never have guessed it.

There's something about this that really disturbs me,. although I don't fault them any one of them a darned bit.  Some of them seem to love their careers and are really good at what they do.  What bothers me, however, is that we seem to have developed a profession that has to heavily rely upon chemicals just to get by.

Just going back to the earliest of human mind altering chemicals, it's reported that between 21-36% of lawyers engage in problem drinking at hazardous, harmful, or potentially alcohol-dependent levels.  That's pretty disturbing, as that's between 1/5th up to a little over 1/3d of all practicing lawyers.  Some studies suggest that 36% of Minnesota's lawyers and judges drink at a dangerous level, and if that's not disturbing enough, some studies suggest that 41% of Canadian lawyers do.  Around 10% of lawyers have a drug abuse problem, but that probably includes a lot of them who have an alcohol problem.

Not good.

There's really no way to know how many lawyers are on anti anxiety medications.  Probably a bunch.  It's obviously much, much, better that people dealing with anxiety inducing situations seek medical help than crack open a bottle of Henry McKenna and poor yourself several shots.*  It's also better than smoking a joint or whatever else people are doing in the illegal drug categories, although obviously these days marijuana is sort of in a weird still illegal but not enforced much category.**

The laws approach to all of this has been to reach out to lawyers and offer "help".  But perhaps what should be obvious, but doesn't seem to be, is the profession itself needs the help.  If this percentage of its professionals, including its best and brightest, need chemical help just to get by each day, there's something existentially wrong in the profession.  All the CLE's on mindfulness in the world aren't going to fix that.

Footnotes:

*Henry McKenna is an Irish Whiskey named after lawyer and distiller, Henry McKenna.

**Marijuana is still a scheduled illegal drug in Federal law and students imbibing in it can risk admission to their State bars.  Likewise this can be true for people seeking a career in law enforcement.

Things in the air. Some observations with varying degrees of introspection.

This blog is supposed to be dedicated to architecture, basically, although matters pertaining to the law do show up here.  Very rarely is there anything on the practice of law.  

This is an exception, but really not a cheerful one.

The State bar convention is going on.  I never go it, but now you can attend some of it electronically.  I did that yesterday as I needed the CLE credits, I wish I hadn't.

The first CLE I attended I picked up as I needed the ethics credit.  It was an hour of "mindfulness" which is usually a bunch of bullshit suggestions on how to deal with stress that you really can't implement in the real world.  That's what it turned out to be, in part, but it descended into "this job really sucks" for an hour.  All of the panelists, including a judge and a justice, had to have counselling at some point in their careers for work stress.

I hope some students were in the audience to see that.  If even Wyoming Supreme Court justices say the practice is so bad they need psychological help to endure it, well that's pretty bad.

The last CLE of the day was the legislative panel.  Usually I think of that as being new laws that are coming down the pipeline, which it partially was, but the first part started off as a plea from a lawyer/legislator for lawyers to run for office, noting how in Wyoming that's declined enormously.  That turned into an outright dumping on the Wyoming Freedom Caucus, which needs to be dumped on.  The last part of that session, however, dealt with the ongoing massive decline in civil practitioners putting in for judgeships.  They just aren't doing it.  They were urged to do it.

As noted, I wasn't there to ask a question, but if I had been, I'd have asked why should they, when Governor's have agendas and the current Governor is only really interested in appointing prosecutors.  It's extremely obvious.  The one before that would almost always pick a woman, if possible, and was very open about that.  If you are a male civil practitioner, just forget it.

Justice Kautz, who is now the current AG, noted how being a judge, and particularly a justice, was a great job for a law nerd.  The last panelist, a current Fed defender who was a private lawyer with a very wide practice, noted how he had put in many times and urged people to do so, even though it was disappointing if you did not make it.

It's disappointing for sure.

For me, hearing Justice Kautz talk was outright heartbreaking, as what he expressed made up the very reasons I wanted to be a judge and replied repeatedly, with no success.  I never even got an interview, even though at one point I was being urged by judges and members of the judicial nominating committee to apply.  I'm frankly bitter about it even while knowing that I should not be.  It's hard not to come to the conclusion that the system has become a bit of a fraud, frankly, particularly now that the committee has been rounded out to include non lawyers in it.  I've felt for some time that the Governor's office had an influence on who was picked, even though I have no inside knowledge on that sort of thing.  It's just a feeling, and not a good one.  When judges are picked which leave almost all the practitioners wondering what happened, it's not a good thing.

It leads to me listening to everything Justice Kautz said about the reasons he wanted to be a judge, and myself realizing I once felt those things, but I no longer do.

Back on the stress part of this, a lawyer I've known for a long time, but who is quite a bit younger than me, recently took a really neat vacation.  He came back to the office and announced he's leaving the law.  I was so surprised I called him.  He revealed that being on vacation had taught him he didn't have to live a miserable life.

As noted, it's not cheerful.  Perhaps its ironic, therefore, that the much longer post I took this from started off with:

Cheerfulness strengthens the heart and makes us persevere in a good life. Therefore the servant of God ought always to be in good spirits.

St. Philip Neri.

Well, it's hard to see how we lawyers are Servants of God.  Indeed, I fear out dedication to money has been such that we're getting to the point that's all we're the servants of.

Suit Up.

Dear Members of the Wyoming State Bar, 

Suit Up is a student-led organization at the University of Wyoming College of Law that provides students with access to professional clothing and helps reduce financial barriers to academic and career opportunities. 

With the State Bar Conference in Laramie this week, we invite you to support our mission by making a monetary contribution. We welcome donations of gently used professional clothing. Our Career Services Director, Kristin Lanouette would be happy to collect donations on Wednesday, September 17, at the College of Law Welcome Reception. Your support will directly help students participate in networking and career events with confidence. 

Thank you for considering a donation and supporting the next generation of young lawyers.

For any monetary donations we kindly take cash, checks, or Venmo @junuenth (last four digits are: 2933).

Additionally, for any questions, please feel free to email our President – Junuenth Daniels jmorale5@uwyo.edu.  

Sincerely,

Suit Up Leadership Team

University of Wyoming College of Law

LEGENDARY TRIAL LAWYER GERRY L. SPENCE DIES AT 96

August 14, 2025                                                          Contact:          Sharon Wilkinson

                                                                                                            Executive Director

                                                                                                            (307) 432-2102

 

LEGENDARY TRIAL LAWYER GERRY L. SPENCE DIES AT 96

 

MONTECITO, Calif. – Gerry L. Spence, the celebrated Wyoming trial lawyer whose buckskin jacket, folksy delivery, and unbroken string of courtroom victories made him one of America’s most renowned advocates, died yesterday at his home in Montecito, California. He was 96.

 

Over more than six decades, Spence built a record unmatched in American legal history, never losing a criminal jury trial and, after the late 1960s, never losing a civil case. Known for his fierce dedication to the underdog, he pledged never again to represent a corporation against an individual, vowing to stand with “the people who had no one else.”

 

Spence rose to national prominence through a series of landmark cases, including the $10.5 million verdict for the family of nuclear whistleblower Karen Silkwood, the successful defense of former Philippine First Lady Imelda Marcos, and the acquittal of Idaho survivalist Randy Weaver on the most serious charges stemming from the Ruby Ridge standoff. His high-profile victories also included a $52 million judgment against McDonald’s and a $26.5 million libel award for Miss Wyoming against Penthouse magazine.

 

Born January 8, 1929, in Laramie, Wyoming, Spence earned his law degree magna cum laude from the University of Wyoming College of Law in 1952. After early years as a prosecutor and insurance defense lawyer, he shifted his career toward representing individuals in cases others deemed unwinnable.

 

Beyond the courtroom, Spence founded the Trial Lawyers College in 1994 at his Thunderhead Ranch in Wyoming, training generations of attorneys in the “Spence Method” — an approach centered on authenticity, emotional connection, and moral courage. He was also a prolific author of more than a dozen books, a familiar voice on national television during major trials, and a recipient of lifetime achievement honors from the American Association for Justice and the American Trial Lawyers Hall of Fame.

 

Spence is survived by his wife of 57 years, LaNelle P. Spence; his children Kip Spence, Kerry Spence, Kent Spence, Katy Spence, Brents Hawks, and Christopher Hawks; thirteen grandchildren; and one great-grandchild.

 

As he once told a jury, summing up the creed that defined his career:

 

            “I would rather speak for the weak than be the strongest man in the room.”

 

Wyoming Senate panel rebuffs effort to give lawmakers more control over judicial nominations

Wyoming Senate panel rebuffs effort to give lawmakers more control over judicial nominations: The Wyoming Freedom Caucus began criticizing the court’s judiciary after rulings against its initiatives. A narrow vote Tuesday indicated debate is likely to continue.

Judges, lawyers describe perils of attacking judiciary at Grand Teton National Park gathering

Judges, lawyers describe perils of attacking judiciary at Grand Teton National Park gathering: Legal professionals attending a Wyoming conference look to citizens to stand up for safety and independence of judges.

Lex Anteinternet: Governor Gordon Appoints Keith Kautz Attorney General

Lex Anteinternet: Governor Gordon Appoints Keith Kautz Attorney General:  

Governor Gordon Appoints Keith Kautz Attorney General

 This is a great choice by Governor Gordon.

Governor Gordon Appoints Keith Kautz Attorney General

July 02, 2025

---

 Governor Mark Gordon has announced the appointment of Keith Kautz as Attorney General beginning July 7, 2025. Kautz replaces Ryan Schelhaas, who is serving as interim Attorney General following the departure of Bridget Hill.

Kautz served as a justice on the Wyoming Supreme Court from 2015 until 2024, when he turned 70 and was required by Wyoming’s Constitution to retire from the bench. From 1993 until 2015 he served as a District Court Judge for the Eighth District covering Converse, Goshen, Niobrara, and Platte counties. He previously served as a private practice attorney in Torrington as a partner in the firm Sawyer, Warren & Kautz. Kautz grew up in Torrington and earned his Bachelors and Juris Doctorate degrees from the University of Wyoming. 

“When accepting my offer to serve as Wyoming’s 39th Attorney General, I was delighted to hear Justice Kautz quote George Washington who, when selecting our country’s first attorney general, stated that ‘the due administration of justice is the firmest pillar of good Government,’” Governor Gordon said. “I share that view, and know that Justice Kautz has the talent, experience and skill to fulfill this important duty, as well as provide the due administration of justice to the people of Wyoming. We are fortunate that he desires to continue to serve our great state, and I look forward to his leadership in this most essential office.”

“I am honored to serve Wyoming, and to work with the outstanding staff at the Attorney General’s office,” Kautz said. 

The Wyoming Attorney General’s Office is the legal advisor for the State of Wyoming. In addition to providing a full range of legal services to statewide elected officials, agencies, and State employees in the conduct of official State business, the Attorney General’s Office is Wyoming’s primary State law enforcement agency. The Office provides a full spectrum of services, ranging from statewide criminal investigations performed by the Division of Criminal Investigation; initial and advanced law enforcement training provided by the Wyoming Law Enforcement Academy; and crime victim advocacy and victim support programs and payments through the Division of Victim Services. The Attorney General’s Office also provides administrative support to the Peace Officer Standards and Training Commission and the Wyoming Governor’s Council on Developmental Disabilities. 

I can't help but feel that part of the reason that Gordon brought Justice Kautz out of retirement for this position is his calm, steady, demeanor.  Kautz was a widely admired district court judge and then supreme court justice, who was completely unflappable.  Recently he demonstrated that in regard to a comment on the case regarding abortion in front of the supreme court, in which he openly cited to religion and prayer.  

He'll be in charge of advancing the Governor and state's interest in that regards, which has been to restrict and ban abortion.  Added to that, however, Governor Gordon has been repeatedly faced with needling from Secretary of State Gray, who has used that office to grandstand. Chance are that Kautz's calm demeanor was in mind in regard to that as well.

 

Committee Adopts Bill To Make Wyoming Senate Confirm Supreme Court Justices

Limiting Jurisdiction.

The House passed legislation on Wednesday that would bar federal district judges from issuing nationwide injunctions, part of an escalating Republican campaign to take aim at judges who have moved to halt some of President Trump’s executive orders.

The bill, approved mostly along party lines on a vote of 219 to 213, would largely limit district court judges to issuing narrow orders that pertain to parties involved in a specific lawsuit, rather than broader ones that can block a policy or action from being enforced throughout the country. It would make an exception in cases that were brought by multiple states, which would need to be heard by a three-judge panel.

The New York Times. 

 

Guest Column: You Bet I Signed That Letter In Defense Of The Judiciary

 

Trump Bans Northern Arapaho Tribe's Law Firm From Federal Contracts

Condemn attacks on judiciary, Wyoming lawyers and judges urge delegation

Condemn attacks on judiciary, Wyoming lawyers and judges urge delegation: More than 100 members of the state’s legal community, including four retired Supreme Court justices, implored Sens. Barrasso and Lummis and Rep. Hageman to resist “reckless disdain” for the courts.

 

For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. . . The normal appellate review process exists for that purpose.

For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. . . The normal appellate review process exists for that purpose.

Chief Justice John Roberts reacting to putative chief executive Donald Trump demanding impeachment of a judge who disagreed with him, as they often due due to his contempt of the law.

Lex Anteinternet: Some Grim Predications

Lex Anteinternet: Some Grim Predications: 

Some Grim Predications

“I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us.”

J.R.R. Tolkien, The Fellowship of the Ring

I still think that Vance will be President within 18 months of the inauguration.  Trump's clearly a demented, unhinged, fool who always had a defective narcissistic personality made worse by his declining mental status.  It's really impossible to ignore at this point, although the damage he does will be lasting.  Vance can't act immediately, as Trump put in sycophants and lackeys in his cabinet, but it's increasingly clear to non Maga Republicans that Trump's unhinged.  

Indeed, Vance acting quicker than 18 months, maybe even with in the first six months, is becoming an increasing likelihood. The nation will breath a sigh of relief no matter what Vance is like, as he isn't Trump, and by that time all the dirty work of firing government employees will have been done.

But I also think I can, at this point, see some other things happening with a high degree of probability, all of which depend to some degree on what Vance ultimately does, that will result from his administration, or occur during it. Some will surprise his supporters.  Here's what I think we're going to see, which the assumption being we're within the 18 month window, or perhaps that I'm wrong on that.  Indeed, if I'm wrong, the likelihood of these predictions goes up.

Note that predicting these events isn't the same as cheering them on, or hoping for them, or even remotely wishing for them. What I hope and pray is that God deliver the United States and grant to it what is his will.  I don't wish harm or disaster on anyone.  I think, at the end of the day, that Donald Trump is a demented old fool who deserves pity,  the nation that has chosen him as the Chief Executive is suffering from a sort of foolish dementia itself, and that all the proof that ever needs to be given on why people shouldn't be allowed to get massively rich has been given.

70% Chance

How solitary sits the city, 

once filled with people.

She who was great among the nations

is now like a widow.

Once a princess among the provinces,

now a toiling slave.

 Lamentations.

I'd give the following about a 70% chance of occurring.

Trump's going to defy the courts

Napoleon, who claimed he was acting to save the country and went on to get a lot of people killed.  Don quoted him just the other day in what is likely a prelude to ignoring the courts.  Napoleon ended up in exile and was likely murdered by poisoning.

This is pretty obvious and will happen soon.

The thing is, this won't go well, and will prove to be one of those things he'll move away from quickly.  Courts have a lot more power than they did in times past and they really aren't afraid of Trump.  Once Federal Marshall start slapping people in prison or impounding assets, things will change.

Standing for the rule of law. Hagen Scotten.

 

Standing for the Rule of Law. The letter of Danielle R. Sassoon.

What if Trump Just Ignores the Courts?

Lex Anteinternet: 2025 State of the State & State of the Judiciary

Lex Anteinternet: 2025 State of the State & State of the Judiciary

2025 State of the State & State of the Judiciary