Category Archives: Federal Courts

Roberts Choice of Garland to Head Executive Committee of Federal Judicial Conference is a Huge ATJ Opportunity

In what many would consider a “class act,” Chief Justice Roberts recently appointed Chief Judge of the DC Circuit Judge Garland to chair the Executive Committee of the Federal Judicial Conference. As the release explains: The 26-member Judicial Conference is the … Continue reading

Posted in Access to Justice Generally, Federal Courts, LSC | Leave a comment

That Defendant Gates Is Looking for a Lawyer Can Only Mean that a New Conflict With Manafort has Now Become Clear

This is really weird.  A defendant in a very high profile case, Gates, goes into court today essentially without a lawyer and has a public defender stand up for him on a very short term basis.  Its not a cost … Continue reading

Posted in Attorney-Client, Criminal Law, Defender Programs, Dept. of Justice, Federal Courts, Legal Aid, Legal Ethics

Seventh Circuit’s Response to Judge Posner Misses the Point

The Seven Circuit, through Judge Wood, has responded to Judge Posner’s criticism of the Court’s approach to those without lawyers as follows: First, while [Judge Posner] is certainly entitled to his own views about such matters as our Staff Attorney’s … Continue reading

Posted in Access to Justice Generally, Appellate Practice, Defender Programs, Federal Courts, Judicial Ethics, Non-Lawyer Practice | 1 Comment

More on Judge Posner’s Apostasy

This from Adam Liptak in the Times on Judge Posner’s resignation speaks for itself (read the whole piece, please). “About six months ago,” Judge Posner said, “I awoke from a slumber of 35 years.” He had suddenly realized, he said, … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Appellate Practice, Books, Federal Courts, Pro Bono | 1 Comment

A Revolution on the Federal Judiciary About Treatment of Those Without Lawyers?

An ABA Journal article, could open a whole front in access to justice: [Judge Posner] abruptly announced his retirement from the Chicago-based 7th U.S. Circuit Court of Appeals, effective the next day. The reason is due to “difficulty” with his … Continue reading

Posted in Access to Justice Generally, Federal Courts, Self-Help Services, Systematic Change | 2 Comments

A Small Caution for Trump on the Pardon Power With Respect to Federal Contempts

It does appear to be good law that even Federal Court criminal contempts are pardonable by presidents.  (I had  thought there might be a separation of power claim.) However, the Supreme Curt has hinted, back in 1925, that a pattern … Continue reading

Posted in Access to Justice Generally, Constitution, Contempt, Criminal Law, Federal Courts, White House

Maybe Gorsuch Has Some Possibilities

There is certainly evidence in support of the dominant meme of Gorsuch’s extreme conservatism.  However, there may be one nugget of good news in the access to justice area. In a VA disability case, in which the Court denied cert., … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Administative Proecdure, Court Management, Federal Agencies, Federal Courts, Rules Reform, Simplification, Supreme Court, Systematic Change, Veterans | 2 Comments