My Baby Steve Zack, He Wrote Me A Letter!

Not one to simply let Chief Judge Moreno hog all the spotlight, ABA Prez Steve Zack (captured mid-phone above) has jumped in with his own letter about all those darn federal judicial vacancies, and why can't the Senate just get along pre-recess and confirm a few of these folks so that whole system of laws thing doesn't break down, don'tcha know:

Thirty-eight of the present vacancies have existed for so long and created such untenable workloads for the remaining judges on the courts that the seats have been declared judicial emergencies by the Administrative Office of the U.S. Courts. As lawyers who practice in federal courts across this nation, ABA members know firsthand that long-standing vacancies on courts with staggering caseloads impede access to the courts and create strains that will of the courts to vindicate constitutional rights or render fair and timely decisions. In Arizona, for example, the Speedy Trial Act has been temporarily waived, and criminal defendants wait up to 6 months for a trial, while businesses and individuals wait up to 2 years before their cases are heard.

So far so good (I mean bad).

But then Steve continues:

We realize that the aging of our federal judiciary has contributed to the growing vacancy crisis.

 Hey now!

Being the silver-tongued devil that he is, Steve politely refers to the nationwide decaying judge issue as "attrition":

According to Department of Justice estimates, 60 new vacancies will be created through attrition each year for the next decade. Obviously, progress toward reducing vacancies requires a confirmation rate that outpaces the attrition rate; at present, it is barely keeping abreast of it.

So I believe what Steve is saying is we either need to develop new methods of preserving and extending the lives of our aging federal judges -- perhaps through alien intervention, cloning, cryonics, or sophisticated and groundbreaking time-travel technologies that are currently beyond our scientific capabilities -- or we just need to confirm some of these nominees.

Hard to tell which is a more realistic and practical course of action given what's happening in DC at the moment.

Welcome, ABA Section of Litigationites!

Are you getting your CLE credits over at the Fontainebleau today like a good little corporate litigator?

That's right -- all the ABA Section of Litigation lawyers who convinced their firms to pony up the dough are enjoying coffee and shaking off hangovers over on Miami Beach even as we speak.

Boy I sure hope Lexis/Nexis has a booth -- and they do!

Well, try to have some fun anyways.

And remember:  if you wind up having too much fun, you'll want to scan this guy's card into your smart phone.

(Just watch the video and you'll see what I mean.)

Ernie Mullins Has a Question for Steve Zack!

Apparently tired of publishing my pal George L. Metcalfe's "Messages from Leesburg," the Florida Bar News has turned to Kissimmee lawyer Ernest J. Mullins for some fresh insights:

Here’s my question to Mr. Zack: “Hey Steve, when you were coming over here from Cuba, how many southbound rafts did you see?” Oh, and then there’s this: “We cannot fight to establish the rule of law around the world and watch it jeopardized in this country. When 80 percent of poor people, mostly women and minorities, have no access to the court system, we do not have the rule of law.”

Will somebody tell me what that even means? I go to court every day. I’ve been going to court every day for the last 25 years. I don’t know how many millionaires I’ve seen in there, but it’s not too many. When I go to court, I see mostly women, poor people, and minorities in there. Where is this 80 percent coming from? Is he kidding? Nobody, in 25 years, has said to me, “Gee, I tried to get into court on this, but they turned me away because I live below the povery (sic) level, and I’m a minority.”

Hmm, I only practice logic irregularly, but isn't this a classic argument by anecdote (there's also some argument by personal experience).

Here's what one smart guy said about this form of argument:

Argument by anecdote is when you prove a point with a story.  It is a very compelling argument, because people like stories about other people more than they like cold, hard facts.   Too often, though, the argument by anecdote is used when the facts are stacked heavily against a position.  If you don’t have the facts, tell a story.  People will believe the anecdote because it demonstrates what they themselves believe to be true.  That’s why you’ll find more arguments by anecdotes proffered by those on the losing end of the “facts” battle.

I did exactly 23 seconds of Google research, and came across this March 16, 2011 ABA publication, "The Growing Crisis of Underfunding State Courts," which has very few personal anecdotes but lots of pesky things called "facts":

The ABA’s Task Force on the Preservation of the Justice System, co-chaired by David Boies and Theodore B. Olson, has been investigating the under-reported but increasingly serious problems resulting from the underfunding of the nation’s courts. Today, as part of that on-going effort, we are releasing an informal survey of American Bar Association members that helps quantify the problems experienced by citizens and all persons seeking justice in jurisdictions around the country. The systematic underfunding of the country’s courts causes delays in court proceedings, loss of staff and reduction of services. It prevents court cases from being heard and leads to delayed justice.

So the ABA has a whole task force studying this issue -- who knew?

Another four seconds of research and I came across this, from October 2010, reporting on the results of the World Justice Project's new Rule of Law Index:

 [A] world-wide survey unveiled Thursday morning . . . ranks the United States lowest among 11 developed nations when it comes to providing access to justice to its citizens -- and lower than some third-world nations in some categories.

Particularly when it comes to access to and affordability of legal counsel in civil disputes, the U.S. ranks 20 out of the 35 nations surveyed, below not only developed nations but also such countries as Mexico, Croatia and the Dominican Republic.

The results are from the World Justice Project's new "Rule of Law Index", which assesses how laws are implemented and enforced in practice around the globe. Countries are rated on such factors as whether government officials are accountable, whether legal institutions protect fundamental rights, and how ordinary people fare in the system. The index will expand from 35 countries to 70 next year.

The lowest-ranking countries in this year's survey included Liberia, Kenya, Nigeria and Pakistan.

The U.S. didn't lead the world on any of the rule-of-law measures, ranking near the bottom of the developed world on most -- including even fundamental rights. But the most striking findings related to access to justice for ordinary people.

So we beat Nigeria and Pakistan!

I'm glad things are ok at the local courthouse in Kissimmee.

But I guess it's everywhere else that people seem to be worried about.

SFL Friday -- Why Life Is Worth Living

Hi folks, I am readying my winter windsurfing gear (a koozie for my dry Gin Gibsons, turtleneck wetsuit etc.) and generally getting prepared for the weekend -- I hope you are too.

My first order of business btw is to windsurf, get airborne and crash spectacularly through the oceanfront windows of the Eden Roc where all those prosecutors and ultra-stiff white-collar lawyers are having their concluding cocktail reception.

Once I have their attention, I plan to go all William S. Burroughs and do a dramatic nonlinear "cut up" reading of the entire federal RICO statute -- with amendments -- because seriously that's pretty much what these guys do for fun.

(Don't worry, I have something extra special saved for Bernie Goldberg(??) when he speaks at the Federalist Society dinner next week.)

In conclusion, give the kiss that keeps on giving, learn how to dress like a Mad Man, and as always, put your hands on something warm and snuggly.

Have a great weekend!

News Flash: The Economy Sucks, The Market Sucks, But I Am Still Awesome.

For whatever reason, the ABA wants to know what dear readers of this crappy little blog think about the job market and the state of the economy. I've already told them, but they apparently want to know what you think, too.

You can fill out the survey here.

You can read about the results in the January ABA Journal, assuming you have not cancelled your ABA membership by then.

ABA's List of 25 Greatest Legal Movies

It's a snore-fest, but you can review their picks here.

No "Devil's Advocate"? No "The Firm"? No "Liar Liar" or "All of Me"? Wait a minute -- no "The Fortune Cookie" or "I Love You Alice B. Toklas"?

Now I'm getting steamed.