In Memoriam: Mark Cady

The legal world has been shocked by the sudden death of Iowa Chief Justice Mark Cady on Friday. Chief Justice Cady joined the Iowa Supreme Court in 1998 and became Chief Justice in 2011. He was best known for authoring the court’s unanimous opinion in Varnum v. Brien (2009), which declared that prohibitions on same-sex marriage were barred by the Iowa Constitution. Voter dissatisfaction with that decision led to three of Cady’s colleagues not being retained the following year, which (ironically) opened the door for Cady to become Chief Justice in 2011.

Chief Justice Cady is being remembered as a splendid jurist and a dedicated public servant. That was certainly my impression of him on the one occasion I was able to meet him. The court system and public have lost a thoughtful, compassionate, and highly intelligent judge and leader.

The Iowa Supreme Court will take the time to appropriately grieve the loss of its chief justice (and indeed, it has already postponed oral arguments scheduled for this week). At some point, however, the court will also need to turn back to the more mundane task of filling his seat. Members of the court will choose the new chief justice themselves, but not until a new justice has been appointed. That process involves initial review of candidates by a 17-member nominating commission, with the final selection in the hands of the state’s governor, Kim Reynolds. The Des Moines Register has a good primer on the process here.

Deepest condolences to the family and friends of Chief Justice Cady.

New Zealand courts develop video for public outreach and education

In the last 15-20 years, court systems across the United States have slowly begun their own outreach in order to educate the public about their structure and their work. And there is good reason for the courts to take on this mission. The loss of robust civics education in many communities, combined with the flattening and sharpening effects of social media (which combine to eliminate much of the essential context and nuance from stories about the courts), means that court and judges are at increased risk of caricature.

One of the best programs originated in Colorado. Called “Our Courts Colorado,” it sends state judges to speak to schools and community groups about what exactly it is that the courts do. The program tries simultaneously to demystify the judicial system and to educate people about the important work of the courts.

The idea is spreading, slowly but surely, to other common law countries. New Zealand recently unveiled its own nine-minute video describing how the courts work. The video (also called “Our Courts”) is a little dry, but it has many subtle strengths. It shows judges in ordinary business dress, which humanizes them. It clearly explains the different levels within the court system, and the responsibilities of each court. And the video is available in three languages: English, Maori, and Mandarin.

Courts increasingly need to be their own advocates, and that includes assuring basic public familiarity with their work. This is a nice step forward in New Zealand.

Indiana judges involved in late-night White Castle shooting are suspended without pay

The strange saga of three Indiana judges involved in a shooting outside an Indianapolis White Castle last May has come to an end, at least for now. On Tuesday, the Indiana Supreme Court issued an opinion suspending Judges Andrew Adams, Bradley Jacobs, and Sabrina Bell without pay. The court concluded that Adams and Jacobs had engaged in judicial misconduct “by becoming involved in a physical altercation which Judge Adams was criminally charged and convicted,” and that all three judges engaged in judicial misconduct “by appearing in public in an intoxicated state and acting in an injudicious manner.” (Bell apparently gave an obscene gesture to the judges’ assailants, and Adams got involved in a physical fight in which Adams and Jacobs were seriously shot — more details here and here.)

The story has been worth following, and not only because state judges were shot point-blank in a fast food parking lot. The judges’ drunken and disorderly behavior has brought significant reputational harm to the rest of the state judiciary. After all, they were at a state judicial conference when this drunken encounter took place. This situation is far outside the normal range of damage control for most court public information officers.

And then there is the organizational harm in the form of increased workload for the judges’ coworkers. Jacobs and Bell received a 30-day suspension, and Adams 60 days (some of which has already been served). Someone has to pick up the slack with those judges out, and the courts cannot simply hire new staff to handle the dockets. As it is, the county courts in which the judges work are asking senior judges to take up most of the pending cases until the suspended judges return. A sensible use of resources, to be sure, but it still comes with internal costs.

For their part, the suspended judges appeared contrite. I am sure the entire experience for them has been harrowing, humbling, and literally painful.

Ugly campaign tactics in upstate New York judicial race

Law.com reports on a campaign mailer sent to residents of Sullivan County, New York, which accuses a Democratic judicial candidate of being a socialist and favoring the legalization of drugs. Her Republican opponent has taken full credit for the mailer, which was designed to look like a local newspaper. The accused candidate has denied the allegations of socialism and drug legalization, and has filed a complaint with the state broad of elections.

Judicial candidates acting injudiciously.

 

Party politics and judicial nominations in Michigan

The Detroit News has a fascinating and distressing story about how partisan politics are influencing judicial nominations in three different Michigan courts, covering both the federal and state levels of the judiciary.

Briefly, the state has two federal district court vacancies, one in the Western District of Michigan and one in the Eastern District. The vacancies have been difficult to fill because the Senate’s “blue slip” process essentially allows the state’s two Democratic senators to block the confirmations of any Trump nominees that they do not like. In light of this reality, state Republicans and Democrats worked out a compromise: the seat in the Eastern District would be filled by current Magistrate Judge Stephanie Davis, and the seat on in the Western District would be filled by a nominee supported by the Republican establishment. The plan would have made Davis the first African-American woman nominated to the federal bench by President Trump.

The pact fell apart, however, after Trump’s Western District nominee, Michael Bogren, lost the confidence of Senate Republicans. State Republicans scrambled to find a new nominee, and seemed to have landed on state appeals court judge Brock Swartzel. In the meantime, the Davis nomination was frozen in its tracks.

Then, out of nowhere, Michigan Supreme Court Justice Brian Zahra offered himself up as a nominee for the Western District vacancy. Zahra is a Republican (judges run for the bench with party affiliations in Michigan), and pledged to resign from the state supreme court if Trump nominated him and the state’s Senators agreed not to oppose his nomination. The move would allow a Democrat to be appointed to the state supreme court in his place, tipping the partisan balance of that court toward the Dems.

The article calls the proposal “a neat package” which, among other things, would allow Zahra to collect a federal salary as well as a state pension. But the partisan brazenness of the proposal is appalling, at least to this blogger. How could Zahra even pretend to be impartial if he was placed in the federal bench? And what role does he see for party affiliation on the trial bench, typically the least politicized aspect of the judiciary?

It is an increasingly popular take among partisans on both sides to criticize the judiciary as politicized and biased. Those concerns start with the judicial selection process, in which the very same partisans exert their dismal control.

Supreme Court declines to hear West Virginia judicial impeachment case

Last year’s drama surrounding the impeachment of West Virginia’s Supreme Court seems to have come to its final chapter. The United States Supreme Court announced that it will not hear a challenge to the decision that halted the impeachment proceedings on separation-of-powers grounds.

Background on the impeachment of the West Virginia justices here, here, here, here, here, here, here, here, here, and here.

More facts emerge in judicial scuffle outside Indianapolis White Castle

Last May, two Indiana state judges were shot in a violent skirmish outside a Indianapolis-area White Castle restaurant. The judges were in town for a state judicial conference, and somehow found themselves on the wrong end of a loaded gun in the early morning hours just outside the restaurant. One judge, Bradley Jacobs, has since returned to work; the other, Andrew Adams, was indicted in the incident and is facing potential judicial discipline. (He is still recovering from his injuries.)

Now more facts have come out about that fateful night. Apparently four judges in all–Adams, Jacobs, Crawford Circuit Judge Sabrina Bell, and Clark County Magistrate William Dawkins–had been involved in a night of heavy drinking, and had made it to the White Castle only after first trying to go to a gentleman’s club and learning it was closed. Dawkins went into the restaurant, and then the scene in the parking lot turned ugly. From the Indianapolis Star:

Adams, Jacobs and Bell were standing outside the restaurant when Alfredo Vazquez and Brandon Kaiser drove past the trio in a blue SUV. Either Kaiser or Vazquez yelled something out the window that prompted Bell, court documents said, to give the middle finger to the men.

Vazquez, according to the charges, then parked his SUV. After he and Kaiser exited the vehicle, a verbal altercation ensued, court documents said. It then turned violent when Adams and Jacobs moved toward Vazquez and Kaiser, the panel said.

Adams and Vazquez both hit and kicked each other, according to court documents, while Jacobs and Kaiser mostly wrestled on the ground. “At one point, Judge Jacobs was on top of Kaiser and had him contained on the ground,” the charging documents said.

Vazquez then tried to get Jacobs off of Kaiser, the panel said. As Jacobs began to get up, Vazquez started fighting him, court documents said.

After Kaiser began to sit up, Adams kicked him in the back, the panel said. Kaiser then pulled out a gun and shot Adams in the stomach, according to court documents. The panel says Kaiser then “went over to Judge Jacobs and Vazquez and fired two more shots at Judge Jacobs in the chest.” Kaiser and Vazquez then allegedly fled the scene.

When medics arrived to treat Adams and Jacobs, Adams told them he drank “a lot of Pabst Blue Ribbon” that night, the panel said, adding that Adams’ blood alcohol level was .213.