judges

Oh-Oh. Here Come the Robo-Judges…

/ Jack Marshall / 6 Comments

Google “AI judges” and you will see many links to news articles and even scholarly treatises about the use of artificial intelligence in the judiciary. There are already bots trained as “judicial opinion drafting tools,” and manuals written to help judges master them.

There have already been incidents where judicial opinions have been flagged as having tell-tale signs of robo-judging, and at least two judges have admitted to using AI to prepare their opinions.

I hate to appear to be a full-fledged Luddite, but I am inclined to take a hard line on this question. The title “judge” implies judgment. Judgement is a skill developed over a lifetime, and is the product of upbringing, education, study, observation, trial and error, personality, proclivities and experience. Every individual’s judgement is different, and in the law, this fact tends to imbue the law with the so-called “wisdom of crowds.” There will be so many eccentric or individual analyses of the troublesome, gray area issues that cumulatively there develops a learned consensus. That is how the law has always evolved. In matters of the law and ethics, an area judges also must often explore, diversity is an invaluable ingredient. So is humanity.

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Ethics Dunces: “More Than 150 Former State and Federal Judges”

/ Jack Marshall / 9 Comments

One aspect of the legal community that has become (disturbingly) clear to me since I entered the weird field of legal ethics full time about 25 years ago is that judges stick together even when it is obviously unethical to do so. I don’t know why this is so—lawyers certainly don’t have this proclivity—but it doesn’t matter why judges close ranks and circle their metaphorical wagons any time one of them is being held accountable for unethical conduct. It matters that it is unethical, and they know it. But in these situations they are like cops erecting the “blue line.”

I have written about the case of a lawyer in Seattle, Washington whose client revealed to him that a state judge was accepting bribes. The lawyer felt it was his duty to report the judge to authorities (especially after the judge ruled against another client after one such bribe), and indeed the judge, who was corrupt, ended up being removed from the bench and prosecuted. But the colleagues of that judge made sure that the lawyer was disbarred, because the evidence he had acted upon was a client confidence. The message sent by the action, however, was clear: don’t mess with judges, even the crooked ones.

I recalled that ugly episode when I read that “More than 150 former state and federal judges have signed a letter to Pam Bondi, the attorney general, condemning the Trump administration’s escalating battles with the judiciary and calling the recent arrest of a sitting state court judge in Milwaukee an attempt to intimidate.” That was the Times version; most news sources just emphasized the last part: How dare the Trump administration arrest a judge?

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NYT Stockholm Syndrome Pundit David Brooks Finally Wrote Something Astute and Fair Regarding Trump, So Naturally My Trump-Deranged Friend Condemns Him For It

/ Jack Marshall / 14 Comments

Imagine the late James Earl Jones’ resonant bass intoning, “THIS is Trump Derangement!” and you have the perfect backdrop for my depressing story.

A retired lawyer of great accomplishments and gravitas has recently erupted into repeated anti-Trump/anti-Republican rants on Facebook. I consider him a good freind and generally a wise one—and he’s a passionate baseball fan!—so it pains me to read this sad evidence of mental and ethical deterioration. His most recent screed began with a declaration that he now detests David Brooks. As the Ethics Alarms Brooks dossier vividly shows, there are plenty of reasons to detest Brooks, an obnoxious and arrogant conservative in his Daily Standard days, and now a sell-out who accepted the dishonest role as a token non-progressive propagandist on the New York Times opinion page and quickly “cut the cloth of his conscience to fit the fashion of the Times,” (to quote Lillian Hellman at the McCarthy hearings, except that when she said it, she used a small “t.”)

[Yikes! I just looked over my own collection of Brooks posts, and he’s even worse than I remembered. In October of 2023, for example, I nailed him for writing that President Biden was still sharp and capable though it was obvious then, a year before Biden’s debate babble-fest, that Joe was demented.]

But my learned, once rational friend wasn’t critical of Brooks for any of his lies and hypocrisy; he now detests Brooks because of this column, in which the pundit gives President Trump credit for something. It is a trait that I have also noted: Trump has amazing energy and drive, to the point of being indomitable. Brooks begins his column this way:

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10 Ethics Observations on the White Judge’s Email

/ Jack Marshall / 7 Comments

Caroline Glennon-Goodman, a Cook County judge, shared a meme that depicts a smiling black boy and a black child’s leg with an electronic monitor on it, a fake ad for “My First Ankle Monitor.” The judge wrote “My husband’s idea of Christmas humor.” It was supposed to go to a friend, but she sent it to the wrong person, another judge ( #@!%^!& autofill!) Oopsie! That judge reported her and the post became public.

Glennon-Goodman has been reassigned by the Circuit Court’s Executive Committee, and ordered to undergo bias training and will face a state disciplinary investigation. The executive committee wrote that Glennon-Goodman’s alleged actions “may violate the Code of Judicial Conduct” and it said it was temporarily reassigning her and referring the matter to the Illinois Judicial Inquiry Board “to promote public confidence in the integrity and impartiality of the judiciary.”

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A Federal Judge Gets Benchslapped For An Unethical Times Column

/ Jack Marshall / 8 Comments

On May 24, 2024, while Supreme Court Justice Jackson was dreaming of playing “Medea,” The New York Times published an op-ed entitled, “A Federal Judge Wonders: How Could Alito Have Been So Foolish?” by Senior Judge Michael A. Ponsor of the United States District Court for the District of Massachusetts.  Judge Ponsor addressed the flying of an upside-down American flag and the “Appeal to Heaven” flags outside homes owned by Supreme Court Justice Samuel Alito, a controversy covered thoroughly on Ethics Alarms.

The ethics verdict here was that the controversy was contrived, and that the attack on Alito was politically motivated, biased, and wrong. Judge Ponsor, however, opined that “any judge with reasonable ethical instincts would have” recognized that the flag displays were improper because they could be perceived as “a banner of allegiance on partisan issues that are or could be before the court.”

Let me inject here, “Sure, by an idiot!” “The appearance of impropriety is a reason-based standard. “Hey, this SCOTUS judge’s wife flew the same flag that began the HBO John Adams series: that must mean that her husband is in the bag for President Trump!” is not a reasonable perception.

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From the Res Ipsa Loquitor Files: This Is The Quality of Judge Biden Is Nominating and the Senate is Confirming

/ Jack Marshall / 9 Comments

In the stunning exchange above on May 22, Sen. Ted Cruz confronted one of Biden’s nominees to the Federal bench who placed a serial rapist who is a biological male (that is, all standard equipment included) in a women’s prison. She claimed, incredibly, that she always makes her decisions based on the facts of a case and the law, while repeatedly refusing to answer Cruz’s specific questions by repeating an obviously pre-programmed evasive answer (like the three university presidents who kept saying that whether anti-Semitic speech was acceptable on campus depended on “the context”), “I considered the facts presented to me, and I reached a decision…,” etc.

Cruz contended that the judge made ideological loyalty a higher priority than the fact or law, citing the fact that she deemed a 6’2″ serial rapist with a penis a “safe” inmate in a prison full of women.

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Ethics Heroes: 13 Federal Judges

/ Jack Marshall / 17 Comments

Thirteen federal judges—appellate Judges James Ho and Elizabeth Branch, Matthew Solomson of the U.S Court of Federal Claims, District Judges Alan Albright and Matthew Kacsmaryk, Stephen Vaden, who sits on the United States Court of International Trade; plus judges David Counts, James W. Hendrix, Jeremy D. Kernodle, Tilman E. Self, III, Brantley Starr, Drew B. Tipton and Daniel M. Traynor—have all announced in a letter to Columbia University’s president, that beginning with the entering class of 2024, they “will not hire anyone who joins the Columbia University community—whether as undergraduates or law students.”

“Since the October 7 terrorist attacks by Hamas, Columbia University has become ground zero for the explosion of student disruptions, anti-semitism, and hatred for diverse viewpoints on campuses across the Nation, ” the letter begins. “Disruptors have threatened violence, committed assaults, and destroyed property. As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education. Columbia has instead become an incubator of bigotry. As a result, Columbia has disqualified itself from educating the future leaders of our country.”

After suggesting measures that need to be taken to restore trust in the institution, the judges conclude, “Recent events demonstrate that ideological homogeneity throughout the entire institution of Columbia has destroyed its ability to train future leaders of a pluralistic and intellectually diverse country. Both professors and administrators are on the front lines of the campus disruptions, encouraging the virulent spread of antisemitism and bigotry. Significant and dramatic change in the composition of its faculty and administration is required to restore confidence in Columbia.”

It is a responsible, powerful, and much needed response, both to the institution and the students who have demonstrated both an absence of critical thinking and judicious temperament as well basic respect for their fellow students, liberal education, and the law.

Now do Harvard.


Remove This Judge!

/ Jack Marshall / 15 Comments

The Dexter Taylor case raises interesting Second Amendment issues to be sure.

A New York jury found Taylor guilty of second-degree criminal possession of a loaded weapon, four counts of third-degree criminal possession of a weapon, five counts of criminal possession of a firearm, second-degree criminal possession of five or more firearms, unlawful possession of pistol ammunition, violation of certificate of registration, prohibition on unfinished frames or receivers. Now Taylor, a 52-year-old African-American software engineer, is on Rikers Island waiting to be sentenced. He became interested in gunsmithing as a hobby years ago, but a joint ATF/NYPD task force discovered he was legally buying gun parts from various companies and began investigating him, leading to a SWAT raid and his arrest. His legal team explains his side of the case here.

That’s not the focus of this post, however. This is: during his trial, Judge Abena Darkeh allegedly said at one point, “Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York.” Darkeh was appointed by New York City’s crypto-communist Mayor Bill de Blasio in 2015.

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Clearly, #MeToo Never Quite Got Its Message Across

/ Jack Marshall / 1 Comment

Baltimore judge Kevin M. Wilson is facing an ethics hearing in May after a female lawyer accused him of inappropriate and unwelcome touching at a bar association event at the Maryland Club in May of last year. Thecomplaining victim says that when she stopped at a table where Wilson and another judge were seated, she felt Wilson’s hand rub her leg up and down. Two lawyers witnessed this, as well as hearing the complainant tell Wilson that his behavior was inappropriate. The judge moved his hand away, but then, also allegedly, put his hand back on the attorney’s leg, moved his hand up under her skirt, and touched her buttocks.

The event was called “Join Our District Court Judges for Practice Tips on Tap,” so I guess maybe Wilson was just…tapping. 

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Now THIS Is An Irresponsible Biden Judicial Nominee…

/ Jack Marshall / 8 Comments

The exchange above revealed much about the caliber of judicial nominees President Biden is presenting to the lock-step Democratic Senate majority.

The bio of this one, Quinnipiac University law professor Sarah French Russell, states that she “focuses her research and teaching on sentencing policy”–sentencing policy!!—“juvenile justice, prison conditions, reentry issues, ethics, and the problems of access to justice.” Ethics—when her response to being confronted outright with a letter she signed, advocating outrageous and radical measures, was to tell the assembled Senators that he had no memory of signing it and to deny that the letter said what it said…”Russell was previously Director of the Arthur Liman Public Interest Program at Yale Law School and taught in Yale’s Criminal Defense, Prison Legal Services, and Supreme Court clinics. Good old dependable Yale Law School!

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