Articles Posted in Here Comes the Judge

That’s what Natasha Riley, not pleased with the way things were going for her client, said to Judge Mangano in the Brooklyn Family Court during a custody proceeding. But Judge Mangano would have the last laugh. Because most lawyers aren’t dumb enough to address a judge that way [even if it is bullshit!], Judge Mangano became suspicious. Turns out Ms. Riley, who had at least 8 clients, and 4 court appearances, is not a lawyer! Her punishment? Five years probation and $3,267 in restitution. You can read more here.

So said Justice Oliver Wendell Holmes of the United States Supreme Court in a case that blew me away when I first encountered it in law school. The case is Buck v. Bell, 274 U.S. 200 (1927). Virginia passed a law allowing the state to forcibly sterilize certain “mental defectives” to promote “the health of the patient and the welfare of society.” Shockingly, not all of these folks wanted to be sterilized. Carrie Buck, a resident of the State Colony for Epilectics and Feeble Minded, was one such person. When you read how Justice Holmes sets forth the case, you can probably guess how it came down. (I guess the title of the post offers a small hint too.) Here’s what he said:

Carrie Buck is a feeble minded white woman who was committed to the State Colony … She is the daughter of a feeble minded mother in the same institution, and the mother of an illegitimate feeble minded child.

Here is Justice Holmes’ reasoning and conclusion:

We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for a crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Jacobson v. Massachusetts, 197 U.S. 11. Three generations of imbeciles are enough. (emphasis added)

Almost 20 years after I first read the case, it still sends chills down my spine.

This will blow your mind. Alan Hogg, age 34, was convicted of drunk-driving – for the 13th time. He’s also had 34 convictions for driving while disqualified. You may have guessed that this didn’t happened in the United States. Dude would have been executed, at least. Mr. Hogg resides in New Zealand.

Surely the Judge wouldn’t give Hogg another chance? Especially since he was also just convicted of possession of meth and three counts of possession of drug utensils? Wrong! The dude WALKED. No jail time (just 200 hours of community service). I’m not going to get into the mitigating factors because WHO CARES! Said the Judge: “In the long term, surely the courts must be in the business of avoiding offending.” What about doling out some justice? Protecting innocent citizens? Beware, Kiwis – Hogg has now obtained a learner’s permit.

Why else would the Honorable Gregory Todd (Montana Thirteenth Judicial District, Yellowstone County) issue a Sentencing Memorandum incorporating dozens of Beatles song titles? To read this silly thang in its entirety, click here.

Crazy as it sounds, that’s exactly what Ontario Judge Marvin Catzman did almost 15 years ago. At the bail hearing for Guy Paul Morin, who had been convicted of first degree murder, Catzman said “I would have to be mad if I didn’t see something wrong with this case.” So he followed his instincts, and let Morin out on bail pending his appeal. His instincts were right. Two years later, DNA evidence cleared Morin.

Of the decision to let him out on bail, said Morin yesterday, “For the first time, there was a spark of hope. I thank him to this day.”

Sadly, not many judges would have the guts to make that call. Judge Catzman died on June 14, 2007.

Well, well, well. It’s SOOOO easy to be for “tort reform” – until you become a victim! Such is the case with former Judge Robert Bork, a vocal “tort reform” proponent. He filed suit against The Yale Club of New York City for “damages … in excess of $1,000,000” PLUS “Punitive damages …” So what happened? Bork was giving a speech at the club. Per the complaint (click here to view it), as he approached the dais, there were no stairs (as there normally are). As Bork “attempted to mount the dais” (nice choice of words, there), he fell and was injured.

Now I’ll tell you exactly what Bork would say if this happened to someone else: What the hell was the guy thinking, trying to climb the dais without the stairs, the moron? It’s his fault for being so stupid. He couldn’t have asked for some stairs? People need to accept responsibility for their actions, instead of blaming others! Welcome, Judge Bork, to the ranks of victims of the negligence of others. Perhaps you’ll revisit your “tort reform” position?

Do not trifle with Judge Reggie Walton, of the United States Court for the District of Columbia. He will let you have your say. Rest assured, though, that you’re going to hear what he has to say too. When 12 of Scooter Libby’s pals asked for the court’s permission to file a brief supporting Scooter, it was granted, but with this little cherry on top:

It is an impressive show of public service when twelve prominent and distinguished current and former law professors of well-respected schools are able to amass their collective wisdom in the course of only several days to provide their legal expertise to the Court on behalf of a criminal defendant. The Court trusts that this is a reflection of these eminent academics’ willingness in the future to step to the plate and provide like assistance in cases involving any of the numerous litigants, both in this Court and throughout the courts of our nation, who lack the financial means to fully and properly articulate the merits of their legal positions even in instances where failure to do so could result in monetary penalties, incarceration, or worse. The Court will certainly not hesitate to call for such assistance from these luminaries, as necessary in the interests of justice and equity, whenever similar questions arise in the cases that come before it.

Kapow! The 12 gents are: Robert Bork, Alan Dershowitz [!] Vikram Amar, Randy Barnett, Viet Dinh, Douglas Kmiec, Gary Lawson, Earl Maltz, Thomas Merrill, Robert Nagel, Richard Parker, and Robert Pushaw.

You can read the order here. Props to The Next Hurrah for this story.

Cook County, Illinois Judge Stanley Sacks, during the trial of a Chicago police officer convicted of reckless driving, said:

Pardon my language, but big fucking deal.

So… judicial. For this little doozy, Chief Judge Timothy Evans re-assigned Sacks to non-judicial duties for four months.