From one of the numerous Trump tweets, or whatever they are called.
This stormwater drain is outside of the Townsend Justice Center in Casper, Wyoming.
Frankly, I really don't think that this send the best message . . .
Why Law School Should Be an Undergraduate Program — Minding The Campus: In most parts of the world, lawyers are formally trained in an undergraduate degree program. The Bachelor of Law (LL.B), is also an accelerated three-year curriculum. In the United States it takes over twice as long. First you need a 4-year undergraduate degree in any subject—a gratuitous requirement, as there is no such thing as […]
Thoughts?
I'm not sure that I agree, but there'es something to the suggestion.
Meet The Press's host interviewed retired United States Supreme Court Justice Stephen G. Breyer on last weekend's episode.
The episode is worth listening to, but due to Chuck Todd and Kristen Welker going after their employer, NBC, for getting them set up in an interview of Ronna McDaniel after it turns out that NBC has hired McDaniel to be a pundit. Suffice it to say, McDaniel won't be inviting them to any after work gatherings. But the interview of Breyer was pointless.
Which is huge legal news.
The court strongly hinted it might do this in one of its decisions last year. Now it appears it is going to do it.
I'm late in posting this and, frankly, so many things have been posted it would hardly be necessarily.
Justice O'Connor was the first woman appointed to the United States Supreme Court. Frankly, even though this came in relative terms, in 1981, fairly close to the pioneering appointment of an African American to the Supreme Court bench, it was later than it should have been. Having said that, like Nixon going to China, coming by way of a conservative, Ronald Reagan, perhaps it meant more in real terms than it would have had it come under an earlier President, such as Jimmy Carter.
O'Connor had been a member of the Arizona Court of Appeals at the time of her appointment. She was a Westerner by birth, having been raised on a 198,000 acre cattle ranch in that state. She attended Stanford as an undergrad and as a law student, and oddly enough had received a proposal of marriage from William Rehnquist while still a student.
Her accomplishments cannot be denied, but frankly, like a lot that Reagan did, her appointment has a mixed record. I frankly don't think she was as great of jurist as people now wish to recall, and like many of the "conservative" justice of her era, she was conservative only in a very reserved way. True conservatives wouldn't really reappear on the Supreme Court for many years, none of which takes away from her personal accomplishments.
The building is built right over what had been the Great Northwest rail yard in Casper, which was still an active, although not too active, rail yard into my teens. I can't really recall when they abandoned the line, but it was abandoned.
The United States Supreme Court, contrary to many expectations, including many in the legislature, upheld today the 1978 Indian Child Welfare Act.
It was a Great Depression works project.
The U.S. Supreme Court concluded its investigation of the leak of the draft Dobb's decision with no determination as to who the leaker was.
Be that as it may, like most such events, the furor seems to have passed.
Governor Gordon Orders Flags
Be Flown at Half-Staff Statewide Immediately in Honor of Former Wyoming Supreme
Court Chief Justice Richard Macy
CHEYENNE, Wyo. - Governor Mark Gordon has ordered both the U.S. and
State of Wyoming flags to fly at half-staff statewide today, January
4 until sundown on Tuesday, January 10 in honor and memory of
Wyoming Supreme Court Justice Richard Macy. Macy served on the Wyoming Supreme
Court from 1985 until his retirement in 2000, and served as Chief
Justice from 1992 through 1994.
Both flags should remain at half-staff until sundown on the day interment,
Tuesday, January 10.
--END--
Courthouses of the West: Vote No on the Proposed Amendment B to the Wyoming...: Let's get political for a second. Oh no, you are likely thinking, isn't this blog dedicated to architecture and the like? Sure, it c...
Apparently, my view was held by a large number of Wyoming voters. This went down in defeat by a fairly significant margin. Not just failed to meet the threshold, but just was outright defeated.
This was my view for the last week. It's a view of the mountain, between the parking garage and an administrative building belonging to the hospital.
I took the photo from here.
I'm out now.
I was in as I had a robotic right colectomy. In other words, I had a large (very large) polyp in my large intestine that had to be removed. I learned this was there when I went in for a colonoscopy. This was the following surgery.
This turned out to be a bigger deal. . . a much bigger deal, than I wanted to admit it was. In my mind, I wanted to pretend that it would be in and out, or at least I'd be out by Friday. Nope. I did get out on Saturday, but I'm feeling rather beat up, and it's clear that it's going to take several days to get back to normal.
By 2030, 9.5% of the civilian labor force is projected to be older than 65.
Citing for authority, the following:
Bureau of Labor Statistics, U.S. Department of Labor, The Economics Daily, Number of people 75 and older in the labor force is expected to grow 96.5 percent by 2030 at https://www.bls.gov/opub/ted/2021/number-of-people-75-and-older-in-the-labor-force-is-expected-to-grow-96-5-percent-by-2030.htm (visited June 06, 2022).
Mandatory judicial retirement at age 70 has resulted in the loss of many eminently qualified Justices and Judges in Wyoming, including Justice Michael K. Davis, Justice Michael Golden, Judge Timothy Day, and Judge Thomas Sullins to name a few. If the mandatory retirement age were extended, not only could these members of the judiciary continue to meaningfully contribute to the law in Wyoming, longer service would also result in a net savings for the State.
Sec.1251.Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions.1252.Age 64: permanent professors at academies.1253.Age 64: regular commissioned officers in general and flag officer grades; exception.1263.Age 62: warrant officers..
Contrary to the way it is sometimes recounted, the jury was not all female, but half male and half female, with six women jurors. It returned a verdict finding Mr. Howie guilty of manslaughter, which must have been included as a lessor offense in the charges. The trial convinced Downey who in turn became a champion of women's suffrage.
This memorial is not at the Albany County Courthouse, but at the downtown railroad park. Judicial proceedings in Laramie were originally held in a store at that location.
(Photo and reasearch by MKTH).
This June/July promises to be one in which a whole boatload of major rulings are set to be handed down.
Given that, while we've never had a trailing thread of any kind here before, we're going to track a few of the bigger ones this year.
June 23, 2022
The first of the claims that will be big and controversial.
Here's the text:
New York State Rifle & Pistol Association v. Bruen.
Note, this opinion, combined with the descent, is of epic length.
I haven't reviewed this fully, but apparently what it holds is that a state can't require a party wishing to carry concealed, or just to carry, to prove a particular need to do so.
June 24, 2022
The Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Clinic.
The decision was, quite frankly, way overdue.
June 27, 2022
From last week, the Court held that you cannot sue for Miranda rights violations in Vega v. Tekoh.
This has no criminal law implications.
In Kennedy v. Bremmerton School District, the Court ruled that a coach praying on the football field after games was not a violation of the Establishment Clause.
June 30, 2022
This is the Denver County Courthouse, which houses the district, county and city courts in Denver, Colorado.
The downtown courthouse was built in 1902 and is a very impressive structure.
I should have noted this when it occurred, but it seemed sort of anticlimactic at the time and there was a lot going on, so I failed to note it.
Also, I don't have a good picture to put up as, unusually, Justice Jackson lacks a public domain photo that I can find, in spite of being an appellate court judge prior to being confirmed for the U.S. Supreme Court.
As widely noted, the confirmation is historic as she's the first African American woman appointed to the U.S. Supreme Court. It's presumed that she's liberal to moderately liberal in her judicial views. Her confirmation hearings turned out to be oddly contentious on odd issues, unfairly focusing on her role as a public defender, whose job after all is to defend the accused, and on sentencing as a district court judge that largely matches the Federal norm. Indeed, the hearings focused attention on how political such appointments now are, in the view of Senators, something we'll presumably live with for a long time.
Jackson Hearing Concludes.
Courthouses of the West: News of the Supreme Court. Day three of the Jacks...: The Jackson hearings: Key moments from Day 3 and Court remains silent on Thomas’ condition after he entered the hospital last week I have ...These hearings are now concluded, and Judge Jackson will be confirmed.
Senate Minority Leader Mitch McConnell indicated that he would not vote to confirm Judge Jackson. Republican votes are not needed for this, due to the removal of the filibuster provisions for Supreme Court nominations back during the last period in which the Democrats controlled the Senate, so barring something spectacularly bizarre, confirmation is assured.
I'll confess that, as previously noted, unlike the norm, I never got into the confirmation hearings. Usually I do in fact follow them, but I just didn't. I picked up bits and pieces of the news on them, including Ted Cruz reading from a children's book, and a question on if the Judge could define what a woman is, but as the news all came out of context, I frankly haven't paid much attention to it.
Courthouses of the West: News of the Supreme Court. Day three of the Jacks...: The Jackson hearings: Key moments from Day 3 and Court remains silent on Thomas’ condition after he entered the hospital last week I have ...
These hearings are now concluded, and Judge Jackson will be confirmed.
Senate Minority Leader Mitch McConnell indicated that he would not vote to confirm Judge Jackson. Republican votes are not needed for this, due to the removal of the filibuster provisions for Supreme Court nominations back during the last period in which the Democrats controlled the Senate, so barring something spectacularly bizarre, confirmation is assured.
I'll confess that, as previously noted, unlike the norm, I never got into the confirmation hearings. Usually I do in fact follow them, but I just didn't. I picked up bits and pieces of the news on them, including Ted Cruz reading from a children's book, and a question on if the Judge could define what a woman is, but as the news all came out of context, I frankly haven't paid much attention to it.
The Jackson hearings: Key moments from Day 3
and
I have to admit that for some reason I've found myself oddly disinterested in these stories. I have no idea why, but I haven't really been following either, when normally I would.
Not be grim, but given the second story, both have the chance to become momentous events.
Just when you thought the news wasn't tense enough. . . Russians looming over Ukraine. . . PRC looming over Taiwan. . . the mid term election. . . a baseball lockout. . .
Justice Stephen Breyer decides to retire.
Uff.
Well, off to a titanic nomination spat with a 50/50 divided Senate.
The filibuster, however, won't apply, so the Democrats, assuming they can all agree on the replacement nominee, will get somebody in. They key will be satisfying the moderate Democrats, although they are few in number.
Breyer, a 1964 Harvard law graduate, was appointed to the Court by Bill Clinton in 1994. He was principally a government attorney early in his career before becoming a Harvard professor in 1967, although he took time out from that pursuit to engage in government service from time to time, including serving as a Watergate prosecutor. He was an expert on administrative law. He went on the bench in 1980.
Breyer had one of those legal careers that's both enviable and deceptive. Undoubtedly highly intelligent, he actually practiced real law very little, spending no time whatsoever in private practice and the most of his career in academia or on the bench. Of some slight interest, in his early legal career, 1964 and 1965, he was completing eight years in the Army Reserve, from which he left as a corporal.
Beyer, who is 83, has been under enormous pressure to retire due to Democratic fears that if he does not do so prior to the November election and should then pass away, certain a possibility at his advanced age, his replacement would not get through a Republican Senate or would be nominated by a Republican President.
This blog has been so slow that a person would be justified in believing its a dead blog.
It isn't, it has COVID 19.
Allow me to explain
It was already the case that 2019 was an odd year, legal wife, for the journalist here. The reason for that was that my schedule was such that I did very little traveling. The last new courthouse (keeping in mind that I don't take photos of courthouses I've already taken, was in Fallon County, Montana.
There's no way on Earth when I took those that I anticipated there wouldn't be any new courthouses appearing later that year.
And yet there were not.
2020 would have been different, but in late 2019 the news that a new disease was loose in Asia hit. By January, there were pretty clear signs that something was frightening about it.
January is, of course, Tet, or similar holidays in Asia. I.e, the Lunar New Year. It's a big deal and in spite of the imposition of Communism on Asian societies, they still celebrate it. The Lunar New Year caused Asians to travel all over their own countries and all over the globe. Easter and Christmas do the same in the West. The combined impacts of all those holidays sent people moving all over, and the disease was soon global. Living through it at the time, it seemed to hit Italy first, but who really knows.
Anyhow, by March things were shutting down. Trials I had scheduled that summer were cancelled. Courts shuttered their doors.
And Zoom came in.
Now, in January 2022 we're looking at the rapid spread of the Omicron variant of COVID 19. It's going to close some things somewhere. It's inevitable.
And even if it's milder, it's effectively the last blow in how the litigators do business. Things are never going back to the way they were before.
In 2021, I did four trials. Two of them had some kind of mask mandate in place. Every courthouse is different. Depositions have largely gone over to Zoom, and they don't ever appear likely to go back to being live and in person. Lots of hearing are now by Microsoft Teams.
Ironically, even though I spent a week in a really beautiful courthouse in another state, I'd note, I failed to take a single photograph of it.
An evolution towards electronic appearances in things was occurring before COVID 19, but the pandemic pushed things over the edge and fully into the electronic world. I really don't like it, and I don't like what it will likely mean for the law either. I'm lucky to have principally practiced before it occurred.
2020 and 2021 saw the best and the worst of lawyers in spades, which is something we should note before moving on. For the worst, lawyers working for the Trump Administration or affiliated with it were full participants in a plot to illegally retain power for the ex President. It's shameful.
For the best, most lawyers didn't participate in that or approve of it. The Court system itself really rose to the occasion and kept the coup from working. Lawyers in at least one state wrote a letter to their Senator, also a lawyer, flatly demanding that the Senator retract the Senator's position in regard to the coup, which the Senator did not do. It was a brave thing for them to do.
One thing that Trump accomplished that was a real accomplishment (and frankly its Mitch McConnell's accomplishment) was to bring in a set of Supreme Court Justices who actually apply the law as written.
Much of our current problems with huge political polarization stem in fact from the capture of the highest courts by the political left in the mid 20th Century. The courts of that period were perfectly comfortable with creating new rights out of thin air and foisting them on the public, when the public wouldn't have supported them democratically. That partially lead to a right wing belief that the left was anti-democratic and involved in what some regarded as a slow moving left wing coup. When one camp drops a belief in democracy, the other will follow sooner or later.
We've finally gotten past the US. Supreme Court acting like a super legislature of Platonic Elders. It was long overdue. That's gong to be painful for a few years, but perhaps it helps us get back to where we always should have been. Big social issues ought to be decided in legislatures, not in courts.
Let's take a look at the upcoming year and therefore put out a few, a very few, resolutions for the field of law. Most of these we have little hope of being carried out, which doesn't mean that we shouldn't state them anyway.
1. End the UBE
The UBE has proven to be a failure. It's mostly aided the exportation of legal jobs from states with smaller economies and communities to neighboring ones with larger economies and communities, something now aided by electronic practice. It's made the standard of practice more uniform, by making it more uniformly bad.
The UBE ought to go, or a local state bar reinstated where it exists. For that matter, its time for residency requirements to come back on.
2. Quite with the bad legal reporting
If you listen to the news, any news, you'll get the impression that the justices of the United States Supreme Court act like a session of World Wide Wrestling every time they meet. That's far from true.
The vast majority of U.S. Supreme Court decisions are heavily one-sided. I.e., 9 to 0, or 8 to 1 decisions are much more common than 5 to 4. In the last session, for example, Justice Sotomayor issues and opinion in a criminal case that accused the lower court of ignoring the plain language of a statute. She was writing for the majority.
You never hear stuff like that.
That's mostly because in an average year there's maybe one or two. . . or no, cases that are actually interesting from the Press's prospective. And those are the ones that tend to be lopsided. It gives a skewed prospective on the court.
3. Age matters
I've been saying this for a while, but its disconcerting that the Federal bench has no mandatory retirement age.
I'm not saying that any Federal judge I've ever encountered seemed impaired. Far from it. But courts belong to the people, and the median age for the people is a lot lower than the upper reaches of the Federal bench. That matters.
For that matter, I think the state mandatory retirement age for judges ought to be depressed. It's 70 now, and there was a move in the legislature a few years ago to raise, or remove, it. I think it ought to be lowered to 65. Frankly, I'd prefer it being lowered to 60. Again, not because I have a problem with a current judge, but people are younger than that, as a rule.
And at some point this is going to catch up with us.
This applies, I think, to lawyers as well. Age takes its toll. Age also narrows us, and we tend to end up our occupations. Both are bad potentialities.
4. Wider net
Recently one of the Bar Commissioners noted that a state Supreme Court justice had expressed concern over a lack of applicants for judicial positions. I'm frankly not surprised that there has been.
Part of this may reflect a disturbing trend in general. In what most of us thought was the late stage of COVID (it might not have been, as we now know) the press started reporting on the Great Resignation. Now some are doubting that this is occurring, but at least in the legal field it seems that the Great Hesitation is operating. I'll post about that in general in one of our companion blogs, but anyone in the legal field anywhere knows that younger lawyers are seemingly just not entering practice right now I don't know what they're going, frankly Some that are, are job hopping rapidly. One judicial law clerk I became somewhat familiar with in another state was on her fourth job as a clerk, and second clerkship, and had only been working for less than two years.
Anyhow, one thing that seems to have gone on for the last few state administrations here is selecting judicial applicants based on certain criteria that were set out, publically or silently, which is fine and makes sense as, after all, it's a political appointment. That was a change from some prior administrations, however, which took a broader view. Anyhow, after this being the case for a long time, I think certain private practitioner categories have simply quit applying as it was obvious that they weren't going to be admitted.
A wider net needs to be cast.
On that, one thing the judicial nomination committee used to be able to do, although I don't know if it still can, was to submit names of its own choosing. At least one judge in the southeaster part of the state became the judge that way. He was completely surprised by his own nomination and struggled with it at first as it meant a big reduction in income. He accepted the position as he felt it was his duty. If the committee can't do that, it ought to have that power restored and actually use it.
There hasn't been a photo of a courthouse put up here in well over a year. I missed my opportunity to do that, fragrantly, when I tried a case in the State of Colorado's Denver District Court a couple of months ago. I spent the whole week in and around the courthouse and never took a photograph of it.
In my slight defense, I couldn't remember if I'd photographed it before, from the outside. I had not. I should have, just as a precaution. And because it's a beautiful courthouse, and because I was also inside it, which I hadn't been.
I was busy, and just didn't.
It's a shame to, as the courthouse in and of itself gives us a real view of how things were in the law, and how they now are.
As odd as that may seem, that's my introduction for a blog post I'm linking in here, which is the following.
I suggest you read the post. It's about somebody who was obviously very decent.
Normally I wouldn't post that here. If I were to do so, it would be on one of our companion blogs, but I'm doing this here as lawyers work in courthouses and well it just feels like it should be here.
Part of the reason the last photograph of a courthouse that was put up here is so long ago has to do with COVID 19. The last photo was in February 2019. Now, there weren't any from February for the rest of that year either, so its not all due to COVID 19. Truth be known, I've taken photos of nearly every courthouse in Wyoming, with two exceptions I can think of, and there are very few let in the state to photograph as a result. I was also taking a lot of photographs of out of state courthouses, but I had a lull in travel to new places in 2019 and then 2020 effectively was the year of no travel. Indeed, I haven't been on an airplane since some time in 2019, due to COVID 19. It's been a huge change in my work habits.
And not only in mine, but in everyone's. Now some lawyers are so acclimated to Zoom depositions they'll take nothing else. I had hoped that would go away, as I hate them. It shows no signs of doing so, however. We may be stuck with Zoom depos and the age of lawyer travel may be over forever. It'll probably sound odd for me to say it, as I'm not a natural traveler, but I miss that part of the practice.
Anyhow, another thing I've really been noticing since COVID 19 is the decline, and changes, at least in my view, in all sorts of things law related. Some people are having a really hard time simply resuming work. Finding new lawyers to come to work for a firm has become increasingly difficult and some young lawyers don't seem to want to really work at all, at not least in private practice.
And I've become disgusted with lawyer hypocrisy.
On the day I read this, which is to say today, I already read the news about a lawsuit being filed which contains a lie. I know one of the lawyers associated with that complaint, and back when we were in law school that lawyer would have dismissed any concept that they'd file a suit containing a lie, but now its happened. I'm not going further into it, but this sort of thing is appalling.
Just the other day I sat through a CLE in which another lawyer I know made a statement about how lawyers are essentially the guardians of society and advance what needs to be advanced in society. After a year in which plenty of lawyers were associated with an effort to advance a political fabrication, that's at least open to question, but at the same time, the courts deserve enormous praise, and they're part of the law, for keeping that from occurring. The legal profession can and should be really proud of that while, at the same time, we should be deeply ashamed of those members of our profession who acted in an antidemocratic manner.
Also at that CLE I heard another lawyer speak about how he became a lawyer as he loved cross-examination. I don't know if I buy that. How would you know if you loved cross examination if you weren't a lawyer already? It's like claiming you love saudero tacos if you've only ever had Taco Bell. Come on. Anyhow, that sort of thing gets to me.
I've tried lots of cases over the years, but it bothers me when people claim they love destroying people on the stand. I've done it, and I've seen it done. Recalling it as a war story is one thing, but to claim you love it in the abstract is quite another. It's a skill, like argument is for a lawyers, and like killing is for soldiers. A person needs to be cautious about what the claim to love. The day we took Hill 502 is one thing, the other thing is something else.
All of which gets me to this.
I don't know who Gerald Russello was and I don't know Morgan Pino is. But as expressed in this article, they're decent human beings, and maybe even better than decent human beings. They're the way that lawyers ought to be.
This article is an absolute classic. The best written work to come out of the pandemic.
