How Appealing

Monday, August 11, 2014

“In Silicon Valley, Lucy Koh is the law”: Today’s edition of The San Francisco Chronicle contains an article that begins, “If there is one thing Lucy Koh will never live down, it’s that time she asked a lawyer in her court if he was smoking crack.”

Posted at 11:12 PM by Howard Bashman

“Court resurrects Arizona death-row inmate’s suit”: The Associated Press has a report that begins, “An appeals court has resurrected a lawsuit by an Arizona death-row inmate who alleged a prison officer violated his constitutional rights by reading a letter he wrote to his lawyer.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:20 PM by Howard Bashman

“Obama expects chance to fill Supreme Court vacancies”: Josh Gerstein of has a blog post that begins, “President Barack Obama told supporters Monday that he expects to have the chance to nominate new justices to the Supreme Court before he is set to leave office in 2017.”

Posted at 9:00 PM by Howard Bashman

“Chief Justice: Lawyers should mend partisan divide.” The Associated Press has a report that begins, “U.S. Supreme Court Chief Justice John Roberts, speaking at the American Bar Association’s annual meeting Monday, said lawyers should play a key role in mitigating the ‘sharp partisan divides’ that have shaken public faith in government.”

And at the ABA Journal’s “Law News Now” blog, Terry Carter has a post titled “Magna Carta should inspire lawyers to rise above partisanship, solve problems, chief justice says.” The post contains a video of Chief Justice Roberts’s remarks.

Posted at 3:15 PM by Howard Bashman

“Judge accused of Atlanta hotel assault on wife granted bond”: The Atlanta Journal-Constitution has a news update that begins, “A $5,000 signature bond has been set for a federal judge from Alabama and he was told Monday to return to Atlanta Aug. 22 for a hearing on a misdemeanor charge of assaulting his wife at an upscale downtown hotel.”

And The Montgomery Advertiser has a news update headlined “Federal judge Mark Fuller released from Atlanta jail.”

Posted at 2:20 PM by Howard Bashman

“Guideline 3 as applied to [attorney] Dwyer’s accurate quotes from judicial opinions thus violates his First Amendment right to advertise his commercial services.” So holds the U.S. Court of Appeals for the Third Circuit in an important First Amendment attorney advertising decision issued today.

The Third Circuit’s opinion begins:

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional infringement on speech as applied to the advertisements of Mr. Dwyer and his firm? We believe it is and thus reverse the contrary decision of the District Court.

Circuit Judge Thomas L. Ambro wrote the ruling on behalf of a unanimous three-judge panel.

Posted at 1:35 PM by Howard Bashman