Category Archives: Judicial Ethics

On the Predictabilty of Judicial Discretion — Implications for Judicial Education

Posted on April 11, 2011 by richardzorza

The Guardian is running a potentially very disturbing study about judicial decisions at parole hearings in Israel.  The study finds strong correlations between when in a session (relative to food breaks) a case is heard and the outcome.  The paper … Continue reading →

Posted in Access to Justice Generally, Judicial Ethics, Research and Evalation | Tagged | 3 Comments

Questions about the Model Code of Judicial Conduct and the Self-Represented

Posted on April 3, 2011 by richardzorza

If the Supreme Court, in its upcoming decision in Turner v. Rogers, addresses the issue highlighted by the Solicitor General’s Brief, and discussed significantly at oral argument —  whether due process requires in some cases affirmative steps by judges such … Continue reading →

Posted in Judicial Ethics, Supreme Court | Tagged | 1 Comment

Reflective Response on Thinking About Client’s Feelings — Suggestions for Progrms and Funders to Address Issues

Posted on March 31, 2011 by richardzorza

I am posting a response (with permission to do so without attribution) to the recent blog about thinking about litigants’ emotions. Thanks for raising this. I think that a lot of a lawyer’s inability to deal with emotions starts in … Continue reading →

Posted in Judicial Ethics, Law Schools, Legal Aid, Medical System Comparision, Self-Help Services | Comments Off on Reflective Response on Thinking About Client’s Feelings — Suggestions for Progrms and Funders to Address Issues

Beautiful NYT article by Doctor on Thinking About Patient Experience — Lessons for Lawyers, Court Staff and Judges

Posted on March 29, 2011 by richardzorza

Peter Bach, MD, in the NYT today, writes about how, as a cancer doctor married to a woman who gets breast cancer, he sits next to her as her doctor does just what he has done so many times before, … Continue reading →

Posted in Judicial Ethics, Medical System Comparision, Self-Help Services | 1 Comment

Supreme Court Argument in Civil Gideon/Civil Contempt Case – Sufficiency of SRL Procedures Addressed in SC for First Time

Posted on March 23, 2011 by richardzorza

This may become very important. You can read the full transcript of today’s (March 23, 2011) oral argument on whether there is a right to counsel for those facing contempt incarceration for nonpayment of child support. It is fascinating, and … Continue reading →

Posted in Access to Counsel, Access to Justice Generally, Judicial Ethics, Self-Help Services, Supreme Court, Systematic Change | Tagged , | 1 Comment

Model Revised State APA Fails to Recognize Needs of the Self-Represented — ABA Response Being Debated

Posted on February 4, 2011 by richardzorza

Some of you may have been following the somewhat surprising story of the Model Revised State Administrative Procedure Act approved in late 2010 by the Conference of Commissioners on Uniform State Laws. That enactment, meant as a model for the … Continue reading →

Posted in Access to Justice Generally, Administative Proecdure, Judicial Ethics | Comments Off on Model Revised State APA Fails to Recognize Needs of the Self-Represented — ABA Response Being Debated

US Brief in Civil Gideon Child Support Contempt Case — Interesting Position

Posted on January 19, 2011 by richardzorza

The US Justice Department has filed an amicus brief in a civil Gideon case, albeit one dealing with a risk of incarceration, supporting reversal.  The case comes out of South Carolina, and involves one put in civil contempt for failing … Continue reading →

Posted in Access to Counsel, Access to Justice Generally, Forms, Judicial Ethics, Self-Help Services, Supreme Court | Tagged , | 2 Comments

NYT — Judges Berate Bank Lawyers in Foreclosures — Thoughts on Burden of Pleading, Proof, and on Investigation

Posted on January 11, 2011 by richardzorza

Today’s NYT has an article on increasingly judges holding lawyers accountable for the defective foreclosures. Key para (as well as listing of abuses) “More broadly, the courts in New York State, along with Florida, have begun requiring that lawyers in … Continue reading →

Posted in Foreclosure, Judicial Ethics | Tagged , | 1 Comment

NYT Editorial on Supreme Court Case on Timeliness for the Self-Represented (Veteran)

Posted on December 14, 2010 by richardzorza

Today the NYT has an editorial on the Henderson case pending in the US Supreme Court.  The lower court has applied a facial interpretation of the statute governing certain veterans benefits to find an appeal out of time.  This is … Continue reading →

Posted in Judicial Ethics, Supreme Court | Tagged , | Comments Off on NYT Editorial on Supreme Court Case on Timeliness for the Self-Represented (Veteran)