Articles Posted in The Judiciary

INTRODUCTION

In recent years, the integrity of the U.S. Supreme Court has faced increasing scrutiny amid reports of unreported financial dealings and alleged ethical lapses by some of its justices. In response, the Court issued its first-ever formal ethics code on November 13, 2023, marking a historic shift toward greater transparency. However, this self-imposed code relies on internal enforcement, leaving critics to question its effectiveness and it’s ability to compare it to more robust measures proposed in Congress. Legislative efforts, such as the Supreme Court Ethics, Recusal, and Transparency Act of 2023 and the Supreme Court Ethics and Investigation Act of 2024 underscore a growing demand for external oversight and standardized accountability.

This article explores the intersection of these developments, examining whether the Court’s new ethics code sufficiently addresses public concerns or if legislative interventions remain necessary to restore trust in the nation’s highest judicial body. By tracing the origins, goals, and limitations of these initiatives, we aim to provide an overview of the ongoing debate over judicial ethics and reform. *

During the last few days we have been almost totally immersed in matters related to our Supreme Court–both listening and writing. Witnessing all of the anxiety and concern about the need for a Court capable of both  lending stability and being a centerpiece in preserving our representative democracy, we began searching for an authoritative source to provide clarity about the state of the  Court in these uncertain times.  Our search has  led  to the  essay The 2023-24 Supreme Court That Was – And Wasn’t by Michael C.Dorf, Robert S. Stevens Professor of Law at Cornell University:

The 2023-24 Supreme Court That Was—And Wasn’t

2 JUL 2024

Trump v. United States: No.23-939. Argued April 25, 2024-Decided July 1,  2024.

The Supreme Court ruled on Monday that former President Donald J. Trump is entitled to substantial immunity from prosecution, delivering a major statement on the scope of presidential power. The vote was 6 to 3, dividing along partisan lines. The ruling makes a distinction between official conduct of a president and the actions of a private citizen. The high court’s 6-3 ruling along ideological lines sends the case back to the lower court to determine what acts alleged in Donald Trump’s indictment on charges of trying to subvert the 2020 election are official or unofficial.  A dissent from the liberal wing laments a vast expansion of presidential power.

“The decision will almost surely delay the trial of the case against him on charges of plotting to subvert the 2020 election past the coming election in November. If that happens and Mr. Trump wins, he could order the Justice Department to drop the charges.”                                                                                                                                                                                                                                        Adam Liptak, New York Times.

The recent high-profile trial of former president Donald Trump has reignited discussions on the role of jury instructions in shaping verdicts.  This post is based in part on the following query we asked Gemini following the triaI: I need a broad discussion of jury instructions and charges to the jury in trial courts of the state of New York. The following explores the purpose and content of jury instructions in New York courts. We’ve also included a link to the final instructions and a transcript from the recently concluded trial of Donald Trump

Jury instructions and charges are a cornerstone of a fair trial in New York courtrooms. They act as a bridge between the complex legal world and the understanding of laypeople on the jury. Let’s delve into the significance of this exchange and the considerations involved. For more detailed information see: New York Criminal Jury Instructions and Model Colloquies.  For the latest additions and revisions see CJI2d & MC History. For New York Civil Jury Instructions see  CPJI- Civil Pattern Jury Instructions –all from the New York State Unified Court System.

The Importance of Clear and Precise Instructions

Presiding Justice Hector D. LaSalle and the Justices of the Appellate Division, Second Department on January 11, 2024, announced the creation of a Task Force to study

the interplay of artificial intelligence and the courts of the Appellate Division, Second Department. The Task Force will meet with experts in the field of artificial intelligence

and propose recommendations on how the Appellate Division, Second Department and the trial courts within its jurisdiction may best utilize reliable artificial intelligence

Michael C. Dorf, the Robert S. Stevens professor of Law at Cornell University, is a regular contributor to Verdict, a service of Justia which provides substantive analysis by legal professionals on a variety of law and law related issues. In his December 22,2023 posting, to this service,  A Holiday Guide to Donald Trump’s Latest Cases at the Supreme court,  “he points out that the U.S. Supreme Court faces critical decisions in two cases involving former President Donald Trump: one regarding his claim of absolute immunity against charges for his role in attempting to overturn the 2020 election, and the other concerning his eligibility for the Presidency under Section 3 of the Fourteenth Amendment. Professor Dorf argues that despite Trump’s legal team arguing for more time due to the complexity of the immunity case, the Court should expedite its review in both cases, given the urgency of presidential primaries and the weak nature of Trump’s claims, especially against the well-founded argument that he is ineligible under the Fourteenth Amendment due to insurrectionist activities”.

Judge Scott U. Schlegel of the Fifth Circuit Court of the State of Louisiana currently serves as Chair of the Louisiana Supreme Court Technology Commission, and is recognized as a pioneer in using technology in the Louisiana State Courts. He has managed what is considered by many to be one of the most advanced technology courts in the nation in terms of delivering online justice.

According to the Fifth Circuit Court Of Appeals of the State of Louisiana website,  “he is the Immediate Past President of the Louisiana District Judges Association (LDJA) and serves on many other committees. Judge Schlegel has received numerous awards including the National Center for State Courts’ 26th Annual William H. Rehnquist Award for Judicial Excellence, one of the highest judicial honors in the country. Judge Schlegel was also featured on the cover of the American Bar Association Journal and is a nationally recognized speaker on legal tech and the modernization of the justice system including matters related to artificial intelligence and the law,”

Judge Schlegel has also been appointed as a member of the Advisory Council of the ABA Taskforce on Law and Artificial Intelligence in recognition of  his efforts to understand and communicate the important issues and challenges related law and artificial intelligence.  On November 28,2023, Judge Schlegel wrote the following open letter which we think is an important addition to this discourse and needs to be distributed widely. Therefore we are reproducing Judge Schlegel’s letter, titled A Call for Education Over Regulation An Open Letter in full and hope you will find it helpful:

During this past week (week ending July 7,2023) we have received listings of 24 Government and Administrative Law Summaries,  45 Constitutional Law summaries and 50 Criminal Law Summaries .  We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending July 7, 2023:

Criminal Law Opinion Summaries

On June 29,2023, the Supreme Court delivered its decision in Students for Fair Admissions v. President and Fellows of Harvard College. The Court held that Harvard College’s admissions system does not comply with the principles of the equal protection clause embodied in Title VI of the Civil Rights Act.  The decision, by a vote of 6–2, reversed the lower court ruling. In writing the majority opinion, Chief Justice John Roberts held that affirmative action in college admissions is unconstitutional. The Court did not decide whether race-based affirmative action can continue in U.S. military academies,[9] which the solicitor general urged the Court to continue to allow in the government’s amicus brief. The the court also did not rule out race entirely in admission programs, adding, “nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university.”

REMARKS AND STATEMENTS:

It was only a short time after the Supreme Court announced that it had delivered its decision in Students for Fair Admissions v. President and Fellows of Harvard College that emails and other media containing messages reacting to the decision started appearing. Thinking that readers of this blog might be interested in becoming aware of, and reading,  some of these messages, we started our own searching on the web. Some of our searches were general, some more specific.  As the search results mounted up into the hundreds, it became clear that time and space made it impossible to tabulate all, or even most, of our search results on this blog. We have therefore resorted to presenting you a relatively short, manageable list that hopefully you will find helpful and enlightening.

During this past week (week ending June 30, 2023) we have received listings of 23 Government and Administrative Law Summaries,  77 Constitutional Law summaries, 73 Criminal Law, and 3 U.A. Supreme Court Summaries . Also included under a separate link are three additional U.S. Supreme Court Opinions released on July 1, 2023.  We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending June 30, 2023:

Criminal Law Opinion Summaries

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