The Judiciary

July 29, 2009

New York Commission on Judicial Nominations – Proposed Revisions to Rules – July 2009

In response to criticism it received for submitting and all-male list with only one black of seven candidates to New York Governor David A. Paterson last December to fill a New York Court of Appeals opening created by the retirement of then Chief Judge Judith S. Kaye, the New York Commission on Judicial Nominations has released for public comment a number of proposed rule changes, Proposed Revisions to the Rules of the Commission on Judicial Nominations: Title 22 N.Y.C.R.R. Section 7100. The proposed revisions announced in a Press Release by the Commission on July 20; a 45 day comment period on the rules is expected to begin next week.:

Press Release Announce Proposed Rule Revisions

Download fileles of the New York Commission on Judical Nominations

July 21, 2009

Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Court of Appeals

by David Badertscher

Corey Rayburn Yung who teaches criminal law and procedure at the John Marshall Law School has posted a draft paper (Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Court of Appeals) on SSRN. Professor Yung’s scholarship is primarily focused on sex crimes and judicial decision-making. Here is an Abstract of the paper:

July 15, 2009

Abstract: Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Court of Appeals

July 14, 2009

ABA Journal Weekly Newsletter. July 10, 2009.

by David Badertscher

Ten top stories.

July 10, 2009.

Editor’s Note: Check back at ABAJournal.com starting Monday for live coverage of the Sonia Sotomayor confirmation hearings. The Journal’s U.S. Supreme Court expert Richard Brust will post highlights from the Senate committee Q&A.

June 22, 2009

ABA Journal Weekly Newsletter. June 19, 2009.

by David Badertscher

10 Top Stories June 19, 2009.

Layoffs BigLaw Voice Mail to Young Attorneys: ‘It’s Not Good News, But Give Us a Call’

Jun 15, 2009, 01:58 pm CDT

June 11, 2009

Uncertainty in Law Circles Over New U.S. Supreme Court Ruling for Judges

by David Badertscher

Uncertainty in Law Circles Over New Court Ruling for Judges

By JOHN SCHWARTZ Published: June 10, 2009 by the New York Times

“Lawyers across the country said that a Supreme Court ruling on conflicts of interest among elected judges could prompt a deluge of requests for judges to recuse themselves from cases.,,,”

June 11, 2009

New York City Bar Report on the Bronx Supreme and Criminal Courts

by David Badertscher

The Association of the Bar of the City of New York (New York City Bar) has just published its Report on the Merger of the Bronx Supreme and Criminal Courts. Commenting on the Report in his June 11, 2009 New York Law Journal article, “City Bar Report Cites ‘Serious Problems’ With Bronx Merger”, Daniel Wise writes: “The merger of Criminal and Supreme courts in the Bronx has created ‘serious problems’ if additional judicial resources are not made available, a report by the New York City Bar Concluded.” In the Report it is recommended that “strong and immediate attempts” need to be taken to handle a growing backlog of felony cases.

The New York City Bar report was prepared by the Committee on Criminal Courts and the Committee on Criminal Justice Operations, both committees of the Association of the Bar of the City of New York and released on June 10, 2009. Below is an excerpt from the Opening Statement and a link to the complete report:

Opening Statement Excerpt:

May 29, 2009

ABA Journal Weekly Newsletter. May 29, 2009.

by David Badertscher

Top Ten Stories of the Week ending May 29, 2009:

Layoffs 2009’s Toll: More Than 10,000 Law Firm Layoffs and Lower Pay Trend

May 28, 2009, 10:43 am CDT

May 29, 2009

Violence Against Women Act Courts Program: Input Needed

by David Badertscher

From Brenda k. Uekert, Senior Research Associate, National Center for State Courts:

The Court Training and Improvements Program (Courts Program) was created by the Violence Against Women Act of 2005. The specific criteria that will be used to solicit proposals for the Courts Program is currently being considered by the appropriate federal entities. The National Center for State Courts seeks input from courts on your ongoing needs (e.g., domestic violence courts, training, hiring/retaining specialized staff) in the areas of domestic violence, dating violence, sexual assault, and stalking.

We have the opportunity to help shape the solicitation that will introduce the Courts Program grants. We are particularly interested in the topics of domestic violence courts/dockets and training. We would like to hear from you about your current challenges and needs. What specific components of a grant program would help improve your court’s responses to the types of acts noted in the Violence Against Women Act?

May 27, 2009

Judge Sonia Sotomayor: Background Documents, LC Materials, Two Opinions, And Completed Questionnaire

by David Badertscher

To help those who are interested in information beyond that available in the popular news media regarding Judge Sotomayor we have assembeled two background documents, two of Judge Sotomayor’s opinions, one from 2002 and another from 2008. Also included is a completed copy of the questionnaire of Judge Sotoamyor prepared for and delivered to the Senate Judiciary Committee. All judicial candidates such as Sonia Sotomayor are required to complete and submit a questionnaire as part of the confirmation process. You can view these documents from the links below. The links contain brief title descriptions of the respective materials:

Background on Judge Sonie Sotomayor Prepared by the White House, May 2009

Vote Summary on the Nomination of