Muslim judge on the short list for appointment to Israel’s Supreme Court

Israel’s Judicial Selection Committee reportedly is strongly considering Khaled Kabub, currently a district judge in Tel Aviv, for appointment to the country’s Supreme Court. If appointed to an open poisiton this coming February, Judge Kabub would be the first Muslim to sit on the court in a permanent capacity.

The Selection Committee includes (among others) current members of the Supreme Court, the country’s Justice Minister, and representatives of the Israel Bar Association. It is the bar association that is reportedly pushing Kabub’s candidacy. The choice is interesting not only because of Kabub’s religion, but because of his current position: he would be replacing Justice Yoram Danziger, who came to the court from the private sector, and there had been a general understanding that Danziger’s replacement would also be a private attorney. The bar association, however, has argued that it is important for the Court to reflect all segments of Israeli society, and the appointment of a Muslim judge would advance that cause.

North Carolina federal judgeship remains vacant as Senate sends nominee’s name back to the White House

In July, the White House nominated Thomas Farr for a vacant judgeship in the Eastern District of North Carolina. But this was not just any vacant judgeship — the position has sat empty for twelve years as a result of extreme partisan gamesmanship in the Senate.  Farr was approved by the Senate Judiciary Committee in October, but the full Senate never voted on his nomination. Because no action was taken by year-end, the nomination was returned to the White House.

The President can renominate Farr after the first of the year, and probably will despite Democratic concerns about Farr’s alleged role on voter suppression tactics in the 1990s. If renominated, Farr would face a slightly different Judiciary Committee for a second hearing, with Al Franken gone and replaced, perhaps, by Cory Booker or Kamala Harris.

Whatever transpires with Farr’s nomination, both the Senate and the White House owe it to the people of North Carolina to finally fill this seat.  The dozen-year vacancy is both embarrassing and detrimental to the work of the courts.

 

Cook County e-filing transition on hold for six more months

The Illinois Supreme Court has given the Cook County courts a six-month extension to align their civil e-filing systems with the larger state system. The County sought a one-year extension from the original January 1, 2018 deadline. The Court allowed half that time, and instructed the Cook County Clerk to “commit all necessary resources to meet the extended deadline.”

New high-tech courtroom for Brooklyn’s family court

Brooklyn’s family court will now benefit from a new high-tech courtroom, which will permit remote sharing of evidence, videoconferencing, and remote court interpreting.

This is a wonderful thing.  As the Brooklyn Daily Eagle story explains:

“This automation is overcoming barriers,” Dr. William Bell, whose organization Casey Family Programs helped pay for the ICT part in Brooklyn, said. “Barriers of language and barriers of location. Even though [someone] may be incarcerated, they can participate in a hearing about their child’s future. That is barrier that has far too long been nearly insurmountable. The fact is that we no longer have to bring people into this courtroom in chains in front of their children in order for them to have a say in their child’s life.”

Kudos to the court system for initiating these updates. (If only they could do something about the clunky, formal name for the courtroom: The Kings County Integrated Courtroom Technology Part. How about something a little snappier?)

U.S. Courts announce plan to examine workplace misconduct

James Duff, Director of the Administrative Office of the U.S. Courts, circulated a memo last week stating that “The Chief Justice has asked me to establish a working group to examine the sufficiency of the safeguards currently in place within the Judiciary to protect court employees, including law clerks, from wrongful conduct in the workplace.”

The announcement comes in the wake of Ninth Circuit Judge Alex Kozinski’s sudden retirement, spurred by several allegations of workplace harassment in his chambers. The Chief Justice has referred the matter to the Second Circuit Judicial Conference for investigation shortly before Kozinski resigned.

A report and recommendations are expected by May.

Romanian senate passes bill limiting judicial independence

Last week, Romania’s lower house passed legislation that would restrict the independence of its judiciary. Now the country’s senate has approved the same bill.  As Reuters notes,

The three bills jointly limit magistrates’ independence and set up a special unit to probe crimes committed by magistrates. This makes magistrates the only professional category with a prosecuting unit dedicated to investigating them.

The bill passed on the same day that the European Union decided to begin hearings against Poland for imposing restrictions on its judiciary.

EU exercises “nuclear option” against Poland for threatening judicial independence

This past summer, Poland passed legislation widely understood to limit the independence of its judiciary, and bring it into line with the desires of the ruling PiS (Law and Justice) party. On Wednesday, after months of pleading with the Polish government to reverse course, the European Union invoked Article 7 of its charter, which allows it to discipline member states for a “clear risk of serious breach” of the EU’s core principles — here, respect for the rule of law.  Article 7, known as the “nuclear option,” has never been triggered against a member state before.

There is a long process before discipline, if any, is invoked against Poland. But if 22 of 28 member states ultimately conclude that judicial independence is truly threatened, Poland could face EU sanctions or even loss of voting rights.

 

The Federal Judicial Center turns 50

The Federal Judicial Center, the research arm of the federal courts, turned 50 yesterday.

The FJC is well-known but probably underappreciated. It allows the court system to investigate its own operations — from the ways procedural rules are employed to the manner in which cases are allocated. Its seminal work on weighted caseloads, court productivity, and the frequency and nature of motions to dismiss and motions for summary judgment (among many other things) have helped the court system understand and adapt its procedures to promote efficiency and cost-effectiveness. In addition, having a top-notch research institution in-house allows the courts to investigate issues of interest without having to rely on external sources.

If you have not explored the FJC’s research library, it’s worth a careful look. It is indispensable for those who study the federal courts, or simply want to know more about their operations.

Happy birthday and congratulations!