Category: federal courts

Posner defends new book to ABA Journal

Judge Richard Posner’s new book, focusing in large part on severe inadequacies in dealing with pro se litigation in the Seventh Circuit, has been subjected to criticism for divulging internal court memos, often interspersed with editorial comments.  In this article in the ABA Journal, Posner responds to some of the critique and reaction to his new book.

Previous coverage of Judge Posner’s book, and abrupt resignation from the bench, here and here.

I received my copy of the Posner book today.  Hopefully the substance of the discussion (especially that concerning pro se litigation and cameras in the courtroom) outweighs the airing of the Court’s dirty laundry.  More reactions to come.

Class action lawsuit over PACER fees survives motion to dismiss

A federal court in Miami has denied the U.S. government’s motion to dismiss a putative class action alleging that users of the federal courts’ electronic records system (PACER) were improperly charged for accessing records. The government had argued that the court lacked subject matter jurisdiction over the case, and that the plaintiffs had failed to state a claim upon which relief could be granted.

Law.com has the story here.  And for those who do not want to pay PACER fees, the court’s order is here. 🙂

UPDATE/CLARIFICATION: The Florida lawsuit here is separate from the lawsuit in the first linked story.  That suit, filed in the federal district court in the District of Columbia, has already certified a class. Both cases apparently will now go forward.

Judge Posner’s new, self-published book raises eyebrows

Just days after retiring from his seat on the Seventh Circuit Court of Appeals, Judge Richard Posner released his latest book, the awkwardly titled Reforming the Federal Judiciary: My Former Court Needs to Overhaul Its Staff Attorney Program and Begin Televising Its Oral Arguments.  The book is self-published, and apparently contains a significant number of internal memos from within the court.

The reviews are not good:

Continue reading “Judge Posner’s new, self-published book raises eyebrows”

Federal courthouses in Puerto Rico and U.S. Virgin Islands closed in wake of Hurricane Maria

The difficult and tragic hurricane season, which closed Texas’s federal and state courthouses last month, has now done the same to the courthouses in Puerto Rico and the Virgin Islands.  (A courthouse in Florida remains closed in the wake of Hurricane Irma as well.)  In light of the terrible destruction on those islands, the closing of a courthouse by itself is bottom-page news. But in times of crisis, courthouses are needed — both practically and symbolically — to assure citizens that the rule of law remains in place. Here’s hoping that the residents of all affected areas find strength, rebuild, and restore their communities.

Ohio federal judge sues Judicial Conference over order to undergo mental health evaluation

United States District Judge John Adams, of the Northern District of Ohio, has filed a federal lawsuit against the Judicial Conference of the United States and the Sixth Circuit Judicial Council. The suit stems from the Sixth Circuit Judicial Council’s insistence that Adams undergo a mental evaluation last month after he exhibited increasingly erratic behavior on the bench.

Judge Adams argues that the order to undergo the evaluation, which is rooted in the Judicial Conduct and Disability Act of 1980, is an unconstitutional violation of his liberty interest.

Most attention paid to this case will focus on Judge Adams’s own behavior on and off the bench, as well as larger questions regarding the independence of a life-tenured judiciary. But an equally interesting dimension will be the personal stake of the federal judge hearing the case. That judge will be asked to determine the constitutionality of a statute that covers his own employment, and the breadth of the power of the Judicial Conference that oversees his work. How the ultimate decision is couched, and how much of the judge’s thought process is revealed, will be interesting to follow.

Judge Posner, unvarnished (as usual)

At Above the Law, David Lat has a terrific, wide-ranging interview with Judge Richard Posner, who abruptly retired from the Seventh Circuit bench two weeks ago. He discusses a number of interesting topics, from pro se litigants to cameras in the courtroom to bagging groceries.

Senate Judiciary Committee advances four federal judicial nominees

The Senate Judiciary Committee yesterday advanced the nominations of four individuals for the federal bench.  They are Ralph Erickson (8th Circuit), Donald Coggins Jr (D.S.C.), Dabney Friedreich (D.D.C.), and Steven Schwartz (Court of Federal Claims).  Only Mr. Schwartz proved to be a controversial vote; he was passed 11-9.

New wave of federal judicial nominees announced

President Trump has announced a new wave of federal judicial nominees, mostly to vacant positions on the Circuit Courts of Appeal.  Notably, they include Gregory Katsas, the current deputy White House Counsel, who was nominated for a seat on the D.C. Circuit.

 

Vermont federal courthouse to close

The United States District Court for the District of Vermont will close its Brattleboro courthouse at the end of this month, with the retirement of Senior Judge Garvan Murtha. Judge Murtha was the only federal judge sitting in Brattleboro.

This is another example of the courts trying to balance cost and efficiency with access to justice. It is probably not a catastrophe for a single courthouse to close and district business to consolidate, especially in a geographically small state like Vermont. But it does say something to smaller communities about their relevance in the eyes of the justice system when an existing courthouse closes.

Judge Richard Posner retires

Judge Richard Posner, a fixture on the Seventh Circuit Court of Appeals for decades, has announced his retirement effective tomorrow, September 2. Judge Posner has been one of the leading American public intellectuals of my lifetime. Even (especially) when I disagreed with his conclusions (legal or otherwise) , I always enjoyed his crisp and compelling explanations for his position.

(h/t Howard Wasserman)