Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorKickerFeaturesSectionsNewsLJN Newsletters

Judge Not, Lest Ye Be Judged ... Via Online Resources

By Lisa Reisz and David Dilenschneider
February 27, 2011

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/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/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/she resolve matters quickly?
  • Does the judge rule on a 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/idiosync- rasies that should be known?

How to Conduct the Research

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.