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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…
In Appeal of Construction Fraud Case, DOJ Seeks Tougher Sentences
November 17, 2011
In Appeal of Construction Fraud Case, DOJ Seeks Tougher Sentences
By: Ifrah Law
In a very rare case in which the government argued that it viewed criminal sentences as too lenient, the U.S. Department of Justice contended in an appeal to the U.S. Court of Appeals for the 1st Circuit on Nov. 7, 2011, that the sentences handed out to two government contractors convicted of fraud did not accurately reflect the seriousness of their crimes. Robert Prosperi, the…
Options for Suing the Federal Government Under Bivens Unlikely to Expand
November 7, 2011
Options for Suing the Federal Government Under Bivens Unlikely to Expand
By: Ifrah Law
In 2001, federal inmate Richard Lee Pollard sustained two broken elbows after tripping over a cart in a privately operated prison housing federal inmates. He sued five prison employees for their actions after his injuries. On Nov. 1, 2011, the Supreme Court held oral argument in Minneci v. Pollard and considered the possibility of creating a new federal remedy against private employees who work for…
House Panel Hears Arguments in Favor of Legal Online Poker
October 27, 2011
House Panel Hears Arguments in Favor of Legal Online Poker
By: Ifrah Law
On Oct. 25, 2011, the possibility of legal online poker in the United States was aired before the House Energy and Commerce Committee subcommittee on Commerce, Manufacturing, and Trade at a hearing entitled “Internet Gaming: Is There a Safe Bet?” The hearing was convened to discuss the “Internet Gambling, Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011,” introduced in June by Rep. Joe…
Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule
October 26, 2011
Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule
By: Ifrah Law
A former juror in Washington, D.C., recently lost a District Court ruling stemming from his dismissal from a grand jury panel in 2001, but his case appears to have brought about needed change in the jury system there. Peter Atherton, a nuclear engineer, was scheduled to serve on the grand jury for 25 days, beginning April 9, 2001. Concerned that his fellow jurors were voting…
Ninth Circuit Upholds Dramatic Upward Departure in Fraud Case
October 24, 2011
Ninth Circuit Upholds Dramatic Upward Departure in Fraud Case
By: Ifrah Law
Last month, the U.S. Court of Appeals for the Ninth Circuit upheld a very large upward departure by a U.S. District Judge in Nevada of more than 17 years above the recommended range under the Sentencing Guidelines, based on conduct that the defendant was never convicted of or even charged with. In this highly unusual case, David Kent Fitch was convicted by a jury of…
