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Judge Not, Lest Ye Be Judged -- Via Online Resources
It seems like you can't read a legal publication these days without coming across an article about a judge in hot water. For instance, in September, it was reported that “[a] West Virginia Supreme Court justice has refused to take himself out of a case involving the state cap on punitive damages, even though he pledged during his election campaign that he would never vote to overturn the law imposing the cap.” See, “New Recusal Controversy in W.Va. High Court,” The National Law Journal, Sept. 27, 2010. Are these types of incidents simply occurring more often and, therefore, warrant reporting? We don't think so. Rather, we believe that the explosion of information about judges now available online has enabled researchers to uncover indications of possible bias, prejudice and other relevant tidbits. For instance, with respect to the above-noted incident, the justice's comments are easily found via a search online (and, notably, the justice ultimately did recuse himself. See, “Ketchum reverses course, recuses himself,” West Virginia Record, Sept. 28, 2010).
When it comes to researching information about a judge, several questions should come to mind:
- How knowledgeable is the judge about this area of law (i.e., has he or she handled this type of case previously)?
- Does the judge have a conflict of interest (e.g., via relationships with parties, attorneys, etc. or via a financial/property interest in the outcome)?
- Is the judge biased (e.g., based on expressed personal opinions, political connections (such as contributions to and contributions from))?
- Does the judge take the time and energy to drill down into the legal issues, or does he or she tend to “look for the easy way out” and resolve matters without addressing the substance of claims?
- Does the judge sit on cases or motions for extended periods of time, or does he or she resolve matters quickly?
- Does the judge rule on dispositve motions, or simply deny them as a matter of course and send cases to a jury?
- Does the judge have any particular likes/dislikes/idiosyncrasies that should be known?
Answers to these questions can sometimes play a critical role in how a litigator represents his or her client, but real research has to be performed. How to do it? Gone are the days when we could simply send a note to colleagues and local counsel inquiring as to their knowledge about, and experience before, an unknown judge ' and be done with it. Yes, their personal contact and knowledge is of critical importance, but in today's world, with so much information now available online, a litigator must do more.
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