Articles Posted in Legal News and Views

Approved by the ABA House of Delegates

Sept. 2010

At the 2010 Annual Meeting in San Francisco, the House of Delegates approved resolutions that the Criminal Justice Section initiated or co-sponsored regarding the following issues (click on the relevant REPORT # to view the full text of the resolution and the background report):

Justice John Paul Stevens’ career offers many lessons for those interested in learning about the attributes of a good judge, maintains an editorial in the July-August issue of Judicature, the journal of the American Judicature Society. As the editorial explains, Justice Stevens is someone who sets high personal standards, demanding much of himself. He personifies traits such as candor, civility, integrity, courtesy, and responsibility. In short, he is the embodiment of what has come to be known as professionalism.

The editorial also notes that he is characterized by virtually everybody as open-minded, and a good listener, as genial and humorous, as warm and welcoming and kind, as gentle and possessing a generousness of spirit. He is a modest, humble, and unpretentious person,

notwithstanding all that he has accomplished in life, and a man possessing empathy for those who are less fortunate. Former clerks all portray him as a wonderful teacher and role model.

Judge Wesley E. Brown, is a spry, active 103 year old Federal District Court judge in Kansas. He still hears a full complement of criminal cases, but warns lawyers preparing for lengthly court cases that “he may not live to see cases to completion….” adding “At this age I’m not even buying green bananas.”

For more, see the September 16 New York times article: At 103, a Judge Has One Caveat, No Lengthly Trials by A. G. Sulzberger
For more information about Judge Brown go to Wesley E. Brown Inn of Court. This source includes both biographical information and a videw, made when Judge Brown was just 22 years old!

Click on link below for various information sources related to criminal jurisdiction collected through the Google News Alert Service, September 13, 2010.

RECOMMENDATIONS FROM THE TIMOTHY COLE ADVISORY PANEL ON WRONGFUL …

By john Floyd and Paralegal Billy Sinclair Current Eyewitness Identification Procedure Reinforce False Memories and Lead to Wrongful Convictions By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair There have been 258 DNA exonerations in this country over the last two decades, according to the New … Even conservative, law-and-order minded Texans have grown weary and disgusted with repeated, highly publicized cases of innocent people being wrongfully convicted and who have spent decades in prison. …

In September 2009, the Executive Committee of the ABA Board of Governors (“BOG”) approved the formation of a joint Task Force of the ABA Standing Committee on Judicial Independence (“SCJI”) and the National Center of State Courts (“NCSC”) to follow up on recommendations made at the May 2009 ABA Summit Conference, “Justice is the Business of Government,” in Charlotte, North Carolina. The Justice is the Business of Government (“JBiz”) Task Force is co-chaired by Mary C. McQueen, President of the NCSC; H. Thomas Wells, Jr., ABA President (2008-2009), and Edward W. Madeira, Jr., SCJI Special Advisor. Jack L. Brown, immediate past Chair of the ABA Judicial Division (“JD”), chairs the JBiz subcommittee on principles and standards relating to state court funding.

JBiz members additionally include: David Adkins, Executive Director, Council of State Governments; Hon. Louraine C. Arkfeld, Presiding Judge (retired), Tempe Municipal Court (1994-2010); Hon. Russell Carparelli, Colorado Court of Appeals; Hon. Ernestine S. Gray, Orleans Parish Juvenile Court; Steven C. Hollon, Administrative Director, Supreme Court of Ohio and past President, Conference of State Court Administrators (2009-2010); Hon. David A. Horowitz, Chair, ABA JD Lawyers Conference; Donald Murray, Senior Legislative Director, Justice and Public Safety at National Association of Counties; David Quam, Director, Office of Federal Relations at National Governors Association; William T. “Bill” Robinson III, President-Elect, American Bar Association; William K. Weisenberg, Assistant Executive Director for Public Affairs and Government Relations, Ohio State Bar Association and Chair, SCJI; and Robert N. Baldwin, Executive Vice President and General Counsel, NCSC.

The focus of JBiz is to address and advance the cause of adequate funding for our state courts. Towards that end, the NCSC acts as the staffing component of the Conference of Chief Justices (“CCJ”), recognizing that the courts must plan “to do more with less.” The NCSC, working to establish the value of courts in the administration of justice, has engaged in a “re-engineering” project implicating case administration, court governance, the functions of state courts, and principles for funding…

Volume 14, No. 4. September 1, 2010 ISSN 1489-954X

Published and Distributed by the Office of Lesley Ellen Harris. 2010 is the 15TH year of publication of the LEH Newsletter. All back issues are archived at http://epe.lac-bac.gc.ca/100/202/300/copyright-a/

1. Studies, Legislation and Conventions

In his August 31, 2010 New York Law Journal article, Court Rule Altered to Buttress E-Discovery; I-Filing Advances, Joel Stashenko discusses the amended Uniform Rules of Trial Courts of the State of New York as an effort to insure that lawyers keep “up to speed” regarding their clients’ records at the early stages of discovery. The amended rules were published August 18 and went into effect immediately, having been approved beforehand by Chief Judge Jonathan Lippman and the presiding justices of the four appellate division departments.

Much of this activity has been influenced by a New York court system report, Electronic Discovery in the State of New York, published in February 2010. The key recommendations of that Report includes: establishing an e-discovery work group; improving the preliminary conference; more e-discovery programs in Education and Training; more court attorney referees serving as e-discovery specialists, establishing an institutional presence at the Sedona Conference; and working harder to improve the quality of E-Discovery practice.

On the second front mentioned in Mr. Stashenko’s article, electronic filing of litigant papers is said to be proceeding in New York at a deliberative pace. While more than10,000 lawyers registered for New York’s electronic filing system in 2009, compared to only 300 in 2002, there is , as Chief Administrative Judge Ann Pfau has observed, “there is a long way to go: before e-filing and E-Discovery are required in all New York Courts. After 11 years of experimentation with electronic filing, New York has accorded permanent status to the effort and is now beginning to institute mandatory e-filing in limited areas.

A new study of judicial independence from the Brennan Center for Justice at the New York University Law School

Authored by James Sample, Adam Skaggs, Jonathan Blitzer, Linda Casey Edited by Charles Hall

Foreword by Retired Justice Sandra Day O’Connor

On JUly 28, 2010, Skyriver Technology Solutions, LLC and Innovative Interfaces, Inc. filed a complaint against Online Computer Library Center, Inc.(OCLC) in the District Court Northern District of California alleging federal and state antitrust violations and unfair competition. More specifically the complaint states that OCLC “…is unlawfully monopolizing the bibliographic data, cataloging services, and interlibrary lending markets and is attempting to monopolize the market for integrated library systems by anticompetitive and exclusionary agreements, policies and practices.”

OCLC has responded though a Statement from Larry Alford, the Chair of the OCLC Board of Trustees and Jay Jordan OCLC President. The Statement reads in part:

“We at OCLC believe the lawsuit is without merit, and we will vigorously defend the policies and practices of the cooperative .

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