Category Archives: Law: Everything Else

Judicial Fireworks in Broward

It's an old Miami saying that we live in the only part of the country where you have to go north to get to the South.

Evidence of the truth of that aphorism can be found in the judicial dust-up currently unfolding in Broward County, the county just north of us. Broward county judges have had a bad patch recently, what with one being busted for smoking pot in a park, and various ethical transgressions emerging, one of which led to the resignation of the Chief Judge.

We though things might be looking up this week when the election for a new Chief Judge appeared to have gone off without either allegations of vote tampering or mayhem, but in fact this was just the calm before the storm.

And what a storm. It seems that during the brief interregnum, Acting Chief Judge Mel Grossman eviscerated a diversity committee chaired by Judge Elijah Williams, the only black male judge to be appointed in Broward in the last two decades. And Judge Williams, to his credit, isn't taking it lightly.

The full fireworks can be seen at the rather active unofficial Broward lawyers' blog at A Calculated Scorched Earth Policy or a Simple Case of Al Haig Disease? Judge Elijah Williams Has Had Enough!. See also Miami-Dade's own Rumpole, enjoying a few moments of schadenfreude.

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Wyoming Law on Appointment of Senators

Recently re-elected Senator Craig Thomas has died.

Here, for the ghoulishly curious, is the relevant part W.S. § 22-18-111, the relevant Wyoming law on how a vacant Senate seat gets filled:

(i) If a vacancy occurs in the office of United States senator or in any state office other than the office of justice of the supreme court and the office of district court judge, the governor shall immediately notify in writing the chairman of the state central committee of the political party which the last incumbent represented at the time of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to office. The chairman shall call a meeting of the state central committee to be held not later than fifteen (15) days after he receives notice of the vacancy. At the meeting the state central committee shall select and transmit to the governor the names of three (3) persons qualified to fill the vacancy. Within five (5) days after receiving these three (3) names, the governor shall fill the vacancy by temporary appointment of one (1) of the three (3) to hold the office.

So the state GOP proposes three names, the (Democratic) Governor picks one.

However, if I read the following correctly, the appointed Senator serves only until a special election (held at the next general election) to determine who will fill out the rest of the term:

Any vacancy in any other elective office in the state except representative in congress or the board of trustees of a school or community college district, shall be filled by the governing body, or as otherwise provided in this section, by appointment of a temporary successor to serve until a successor for the remainder of the unexpired term is elected at the next general election and takes office on the first Monday of the following January.

Congressional representatives have their own statute. I presume the next general election is November 2008, but invite correction if there is one earlier.

Posted in Law: Everything Else | 2 Comments

The Devils Live in the Details

Talk left has found one of the devils in the details of the new immigration reform proposal: Here Come the Detention Camps: Immigration Legislation:

Among the provisions of the compromise immigration bill is one calling for the building of more detention camps.

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“No Campaign” Clauses for Actors?

Reading this LA Times story about how Law & Order reruns might have to be pulled if Fred Thompson runs for President made me wonder. If stations are so afraid of having to give equal time for other candidates that they'd rather pull the episodes, then surely it would be economically rational for the studios to put a routine “no running for office” clause in actors' contracts that would apply so long as the reruns are showing?

My question is whether that term would be enforceable: would it be against public policy? Or maybe fall to the same sort of doctrines that disfavor non-compete clauses that last more than a few months to (at most) a couple of years?

Employment law is not my thing, but I bet someone reading this could hazard an answer.

Posted in Law: Everything Else | 2 Comments

Called for Jury Duty

Approximately 300,000 citizens in Miami-Dade County are randomly selected by a computer each year to be summoned to jury duty for the Eleventh Judicial Circuit of Florida. Summonses are mailed to citizens who possess a valid driver's license or identification card issued by the Department of Highway Safety and Motor Vehicles.

Miami-Dade County has a total population of about 2,370,000; of which about three quarters are over 18, so make that circa 1,778,000 adults. If 300,000 per year are selected for jury duty for the 11th circuit alone (ie ignoring federal court), then a resident's chance of being picked in any one year is almost 17%.

Assuming the chance of being picked was a constant in the past, from an ex ante perspective my chance of NOT being picked 14 years in a row was, I calculate, just over 7%. I know people who've been called three times in that period, which the odds tables tell me would be around the expected mean, but I was the seven-percenter and never got called. Well, my luck (good or bad) changed this week: I have just received my first-ever jury summons.

It used to be that being a lawyer made you ineligible to serve in most parts of the country. That rule is pretty much defunct now, perhaps because there are so many lawyers it shrank the potential jury pool too much, perhaps because the bar is no longer a small club where everyone knows everyone and almost every lawyer would have to be excused anyway.

Like most lawyers, I actually find the idea of serving on a jury somewhat appealing: it's a way of seeing the legal system from a perspective that is usually inaccessible to us. On the other hand, if I'm not going to be selected, I don't find the idea of going down to the court house and sitting around all day in some horrible room with a TV blaring to be at all attractive. And realistically, that's the most likely outcome: as a general rule, lawyers don't especially want lawyers on their juries. On the other hand, I know of at least two colleagues who have sat on juries, so it's by no means out of the question.

The date they picked for me is on a day I teach, so I'm going to apply for a postponement to May, one which the form suggests is routinely granted. Miami-Dade has a one-day, one-trial rule: you turn up once and either you are picked on that day or you don't have to come back until your name comes up again. I'll report back after it's all over.

Posted in Law: Everything Else, Personal | 6 Comments

What a Strange Question

Stevens.jpgThe Law Blog Question of the Day: What’s the deal with lawyers who wear bow ties?

What kind of a question is that?

Bow ties, in addition to being natty, take less storage space in your closet. Plus it is very hard to spill soup on them, reducing cleaning costs (and, given that silk is so hard to clean, reducing the risk of ruining a favorite tie).

And Justice Stevens wears them.

What more do you need to know?

The only times I wear one of those long flappy things are for funerals (bow ties are too cheerful for funerals) and before trial courts (juries, and even trial court judges may have unpredictable reactions).

Posted in Law: Everything Else | 5 Comments