the duty of competence

Now THIS Is An Incompetent Judge…

/ Jack Marshall / 28 Comments

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U.S. District Judge Patricia Minaldi was removed from St. Charles, Louisiana jury trial for criminal fraud in February, then her replacement declared a mistrial. Nobody knew why until the Associated Press got transcripts unsealed. They do not give one great confidence in the management of the justice system.

In one unsealed transcript (PDF), federal prosecutors and a public defender jointly called  U.S. District Judge Donald Walter ,who took over the case from Minaldi,  to ask him to grant a mistrial. The chief judge had assigned Walter to the case in an order that cited Minaldi’s inability to be present at the trial, but provided no additional explanation.

Minaldi was unable to be present because she doesn’t have the requisite awareness of the world around her or of the requirements of her job to be a judge. The botched trial included this ominous incident:

On the last day of the trial before it was suspended, Assistant U.S. Attorney Robert Moore was questioning a witness about the defendant’s grant application which had been filled out on a computer. Judge Minaldi interrupted the witness to ask what a “drop-down box” and “drop-down menus”  were.

“I have no idea what that means,” Minaldi said, regarding the reference to drop-down menus.  “No offense, but if I don’t understand it, I don’t think anybody else is going to understand it,” she continued. “I’ve been to law school. I’ve been doing this for 30 years. I have no idea what y’all are talking about.” After another question—Minaldi didn’t understand references to “Y’s and yeses” in relation to the answers to yes or no questions on the application—the judge recessed the court for lunch.

“Get your act together. Okay,” Minaldi told Moore. “I have no idea what’s going on here. Get your act together.”

Because it was HIS fault she had no idea what was going on. Continue reading →

“Finishing the Hat”: Sondheim, W.S. Gilbert, and Expert Malpractice

/ Jack Marshall / 10 Comments

Stephen Sondheim’s “Finishing the Hat” is a fascinating reflection on a remarkable career and the craft of making musicals by the greatest living master of the form. In the course of recounting his formative years, triumphs, failures, and duels with producers, authors and composers, Sondheim also critiques the lyrics of his predecessors, contemporaries and role models—as long as they are dead. In a nod to gentility or cowardice, the only living lyricist he subjects to his expert critiques is himself.

Sondheim is a tough judge, as one might expect from a composer/lyricist who meticulously measures each vowel sound and stressed syllable for maximum effect. He is also, by virtue of both his reputation and technical expertise, an influential one. The lyricists he grades highly in the book, such as Frank Loesser, Cole Porter and Dorothy Fields, are likely to have their reputations burnished by his praise, and those he slams, like Lorenz Hart and Noel Coward, will suffer by comparison. Because of this, Sondheim had an obligation, as a respected expert in his field, to make each case carefully and fairly. To his credit, Sondheim seems to recognize this, and all of his critical discussions of an individual lyricist’s style and quirks include specific examples and careful analysis. We may disagree with Sondheim as a matter of personal taste, but it is difficult to argue with his specific points, because they are backed up by examples, technical theory, and the weight of his authority.

It is therefore surprising and disappointing to see Stephen Sondheim slide into expert malpractice when he undertakes, clearly half-heartedly, a critique of the lyrics of W.S. Gilbert, of Gilbert and Sullivan fame. Continue reading →