Greedy Trial Lawyer
Will Appellate Judges Work In Their Bathrobes?
Category: The Latest Baddest
I have never made an appellate argument on behalf of a death row inmate. My legal practice at the appellate level has always been on the civil side of things. Even so, I have to say that Howard J. Bashman's article about the AWOL Appellate Judges is very troubling?
Did 9th Circuit Judges Go AWOL From Oral Argument?
Henry Weinstein, who covers the 9th Circuit for The Los Angeles Times, reported last week that when a three-judge 9th Circuit panel recently conducted another oral argument on death row inmate Kevin Cooper's challenge to his conviction and sentence, none of the three appellate judges was physically present in San Francisco where the oral argument was taking place.
How was the oral argument conducted?
According to the article, two of the judges -- M. Margaret McKeown of San Diego and Ronald M. Gould of Seattle -- participated in the oral argument via videoconferencing, while the most senior judge on the panel, Pamela Ann Rymer of Pasadena, participated via telephone because her videoconferencing connection was not functioning.
[If the telephone connection had failed would text messaging been used?]
Howard's interesting review of the issue leaves me with the impression that AWOL Appellate Judges may become the norm over time. Although I might accept this technological solution to busy calendars or travel difficulties in a civil appeal, I cannot believe a society which is preparing the death chamber would show such callousness to a defendant.
Would these same AWOL judges accept jurors in their own bribery case [yes, judges do occasionally take bribes] who simply appear from their respective homes via video conferencing? I seriously doubt it.
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