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Judging the Judges
FEATURED
October 2, 2026
Judging the Judges
By: Lauren Scribner
Judges are in the business of holding people accountable for crimes and misconduct—but how do we hold judges accountable for their own ethical lapses? Recently, in a moment of frustration, Florida Second Circuit Judge J. Layne Smith told three attorneys practicing in his courtroom that he “would like to tell the deputy to pull his gun and shoot all three of [them] as far as [his] level of frustration right now.”[1] Yes—you read that correctly. A presiding judge vocalized his thought to have attorneys practicing in his courtroom shot by courtroom security. What should the consequence be for using such threatening language? A mere public reprimand and recusal from that case?[2] Or, should there be some sort of tangible punishment?…
Dismissive of Dismissal
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
More Money, More Problems – Another Billion Dollar Settlement for the DOJ
September 10, 2014
More Money, More Problems – Another Billion Dollar Settlement for the DOJ
By: Nicole Kardell
This summer BNP Paribas, one of the five largest banks in the world, agreed to a $9 billion settlement with the U.S. Department of Justice. The settlement figure may seem nothing short of economic shock and awe; indeed it was the largest criminal penalty in U.S. history. What could justify such a staggering fine and was the DoJ too heavy-handed in its tactics against the…
The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest
September 8, 2014
The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest
By: Steven Eichorn
When it comes to a conviction, or even an arrest, the collateral consequences that are sometimes overlooked by client and counsel can be extremely damaging, especially when dealing with government agencies and programs. One such set of consequences is unique to contractors who do business with federal or state governments. Because even a plea to a criminal conviction represents a person’s affirmative statement of the…
FATCA: Trapped by the Land of the Free?
September 3, 2014
FATCA: Trapped by the Land of the Free?
By: Nicole Kardell
The Foreign Account Tax Compliance Act (FATCA) has been billed as the U.S.’s bold effort to go after tax dodgers and cheats. The picture painted is that of greedy rich people secreting their fortunes in offshore accounts and away from poor Uncle Sam. But this is not a fair representation of FATCA’s impact or reach. Since the law took effect July 31, there is increasing…
Collateral Damage: Criminal Convictions and the Lasting Consequences
August 29, 2014
Collateral Damage: Criminal Convictions and the Lasting Consequences
By: Steven Eichorn
Prosecutors and often even judges do not appreciate the collateral consequences of a criminal conviction, regardless of whether it results from a trial or a plea agreement. While the direct consequences of conviction are obvious – such as jail time, probation requirements, and fines – the collateral consequences are more insidious. Yet sometimes those consequences can have an even greater impact on a person’s…
DC Bans the Box
August 14, 2014
DC Bans the Box
By: Ifrah Law
MLive.com Graphic Criminal defendants face a wide range of consequences for their alleged actions. The high emotional and financial cost of defending a case may pale in comparison to the personal toll resulting from a conviction and the associated direct consequences including fines, penalties, remuneration, and incarceration. For most offenders, however, the longest-lasting consequence of all is the criminal record which they carry…
