Showing posts with label Monday at the bar. Show all posts
Showing posts with label Monday at the bar. Show all posts

Monday, July 29, 2024

Biden proposes changes to the framework of American government.

 Joe Biden, in an op ed in the Washington Post (a poor way to make major proposals, in my view) proposed some major structural changes to the framework of U.S. governance today.  The proposals are:

1.  A Constitutional Amendment making it clear that there is no immunity for crimes a former president committed while in office.

2.  Term limits for Supreme Court Justices such that a President would appoint a justice every two years for a term of 18 years on the Court.

3.  A binding code of ethics for the Supreme Court.

On these, fwiw, I think a Constitutional Amendment would be justified, but I'd go further than what's stated.  I don't support any kind of immunity at all.

On term limits, I don't support that either, but would support age limits.  Once a Federal Judge reached age 60, or at least no older than 65, they'd be required to retire, including members of the Supreme Court.

On a code of ethics for the Supreme Court, it's a good idea, but I don't know how you impose one, given the independence of the judiciary.

Monday, June 3, 2024

Courthouses of the West: The Jury.

Courthouses of the West: The Jury.

The Jury.

The entire time I've been a lawyer. . . well, no, well before that, I've been told that one of the "greatest" things about "the world's greatest judicial system" is that it uses juries.

Most legal systems do not, and those that do, have tended to pick it up from the English Common Law system, often through American influence.  Save for Louisiana, we use the English system, and the English system has long used juries.  

The system has evolved over time.  Originally it was an effort to gather those from the area where an event occured, and was truly a jury of peers. The danger was that they actually knew you, and therefore may be inclined to judge your guilt or innocence based on that, which was part of why it was conceived of as a good system. Over time, while it was still supposed to be a jury of your peers, they were picked, through the voir dire process, for their fairness.

I'm not about to say that juries always get everything right. They don't.  But lawyers are taught to respect the process and the juries, and for good reason.  Frankly, more often than not, juries are right.  Not always, but holding them in contempt is wrong.

The jury that found Donald Trump guilty of 34 felonies this past week in Manhattan was made up seven men and five women, and included two attorneys, a software engineer, an e-commerce sales professional, a security engineer, a teacher, a speech therapist, an investment banker and a retired wealth manager.   That is a highly educated jury, and frankly that probably truly is a jury of Trump's peers.  Leaving two lawyers on the jury is bizarre, as lawyers only rarely make a jury panel, although I've known one who did.  I've been called for jury duty once and did not get picked, as I didn't expect to be.  Having two lawyers on the panel is phenomenal.

It'd be interesting to know how that occured.  Trump's defense team may have thought that the lawyers would regard the charges as strained in regard to election interference, which a lot of legal analysts did.  They may have, instead, helped the jury wade through the piles of stuff they had and arrive at the conclusion which they did.

Anyway you look at it, they arrived at the opinion they arrived at, and that needs to be respected.

Which Wyoming's elected officials are not.

The jury has been slammed by all of our Congressional delegation, two of whom are lawyers, the Governor and the Secretary of State.

It's tragic.

Wyoming makes frequent recourse to the courts as a state, and now it's attacking the judicial system.  There's utterly nothing whatsoever to question the nature of this jury on.  It appears to have been well qualified for its role.  There's no reason to suspect that New York's legal system is deficient in any way.

It's inexcusable to attack the jury.

Tuesday, May 28, 2024

Courthouses of the West: The Norm.

Courthouses of the West: The Norm.:

The Norm.

From one of the numerous Trump tweets, or whatever they are called.


Why? 

Well because the prosecution, just like the plaintiff in a civil trial, has the burden of proof and hence the more difficult job.

Generally, the order of a trial is:

Plaintiff/Prosecution Opens.

Defense Opens.

Plaintiff/Prosecution presents evidence.

Defense presents evidence.

Plaintiff/Prosecution closes.

Defense closes.

Plaintiff/Prosecution rebuts, if there's something to rebut.

That's the norm.

Monday, May 6, 2024

Monday At The Bar: Well-Being Week in Law 2024

Well-Being Week in Law 2024

May 6-10 marks Well-Being Week in Law 2024, a nationwide week raising awareness about how well-being, and the lack of it, impacts the practice of law, legal ethics, client outcomes, and law firm profitability. All programming is free and available through the Wyoming State Bar’s social media pages. Follow the Member Well-Being Page on Facebook, play Bingo, and check out the State Bar’s updated and refreshed Well-Being Resource pages, filled with resources for Wyoming attorneys, judges, law students, and all legal professionals. Many thanks to firms, other employers, lawyers, and all the legal professionals working around Wyoming on improving well-being in the profession. 

Monday, April 22, 2024

Lex Anteinternet: The Uniform Bar Exam, early tell of the tape. And now the late one.

Lex Anteinternet: The Uniform Bar Exam, early tell of the tape.: One of the threads most hit upon here is the one on the Uniform Bar Exam .  As folks who stop in here will recall, Wyoming's adoption of...

It is, quite frankly, a freakin' disaster. 

We've had this now for years, and the quality of new lawyers had declined noticeably.

And recently, the list of bar admittees featured something interesting.  The vast majority of new admittees aren't located in Wyoming.  And they don't want to.  They only want to take Wyoming work, and the work of other states, remotely, while not really appreciating the state they're practicing in.

It'd be supremely easy to fix.  Just add a Wyoming component, like we used to have.

But we're not going to do that.

Related threads:

Labor and the conglomeration of everything.






Monday, March 25, 2024

Courthouses of the West: Meet the Press interviews Stephen G. Breyer

Courthouses of the West: Meet the Press interviews Stephen G. Breyer

Meet the Press interviews Stephen G. Breyer

Meet The Press's host interviewed retired United States Supreme Court Justice Stephen G. Breyer on last weekend's episode.


Apparently Breyer just wrote a biography, which must have been his incentive for giving the interview.  It was awful.  He really didn't comment on anything.

The episode is worth listening to, but due to Chuck Todd and Kristen Welker going after their employer, NBC, for getting them set up in an interview of Ronna McDaniel after it turns out that NBC has hired McDaniel to be a pundit.  Suffice it to say, McDaniel won't be inviting them to any after work gatherings.  But the interview of Breyer was pointless.

Monday, March 18, 2024

Monday at the bar. The Fanni Willis Saga

FWIW, the profession of law is sufficiently corrupt that questions such as can you have "relations" with your clients, opposing council, and the like, have been debated, and generally the profession has not precluded them, which is therefore to license them.

All the angst over Willis therefore really doesn't arise in a legal context, but in a public servant context.

Perhaps it should arise in a legal context, but generally, it doesn't.

Monday, February 19, 2024

Seats for female employees.

§ 5815. Failure to provide seats for female employees.  

Every person or corporation employing females in any manufacturing , mechanical or mercantile establishment in the state of Wyoming shall provide suitable seats for females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Any person or corporation who shall violate the provisions of this section, shall upon conviction thereof, be considered guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars, nor more than thirty dollars for each and every offense . [ L. 1901 , ch . 33 , §§ 1 , 2. ] 

Wyoming Statutes, 1910. 

Monday, January 22, 2024

Where did this absurd idea come from?

And you will have the rogue cop,  the bad apple, and perhaps you'll have that also with president But there's nothing you can do about that. You're going to have to give the president immunity. I hope The Supreme Court will has the courage to do that

Executive immunity, and for that matter qualified immunity for law enforcement officers, is a completely made up doctrine. 

I don't expect the Supreme Court "to do that", and perhaps Trump should be thanked for putting the danger of this absurd concept so squarely in front of the law.