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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…
Was FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes
April 1, 2024
Was FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes
By: Jeffrey Hamlin
On Thursday, March 28, 2024, 32-year old Sam Bankman-Fried was sentenced to 25 years in prison for his role in one of the largest financial frauds in U.S. history—a fraud perpetrated through two cryptocurrency entities he founded—FTX and Alameda Research. In late-2023, a jury convicted him on various conspiracy and substantive counts for wire fraud on FTX’s customers, securities fraud on FTX’s customers and investors,…
A Tale of Two Courts
February 16, 2024
A Tale of Two Courts
By: James Trusty
Much has been made of the contemptuous and combustible combination of former President Trump and Manhattan Supreme Court Judge Arthur Engoran, the trial judge in the New York “fraud” case that imperils Trump’s ability to do business in New York. This week we got a glimpse into a different proceeding involving an extremely opinionated subject of an accusation—District Attorney Fanni Willis—presided over by Fulton County…
A Scandal’s Fine Print
January 19, 2024
A Scandal’s Fine Print
By: James Trusty
The recent filing of a motion for disqualification and for dismissal of the Georgia RICO case involving former President Trump is getting plenty of attention for its salacious details. And indeed, a District Attorney selecting an underqualified love-interest to serve as Special Prosecutor is newsworthy stuff, particularly with Mr. Wade filing for divorce just one day after his questionable appointment. But the real story—the precise…
ABA Updates Guidance on Witness Prep
December 29, 2023
ABA Updates Guidance on Witness Prep
By: Ifrah Law
Witness preparation is often a key part of preparing for trial. Counsel often engages in mock examinations and practice sessions to help a witness prepare for trial. Such preparation, however, runs the risk of making the witness sound insincere and coached. Sometimes, it may veer all the way into improper coaching of a witness. This system of witness preparation is relatively unique to the United…
No Need for Speed
December 14, 2023
No Need for Speed
By: James Trusty
In most U.S. District Courts, the trial date for a defendant who is not incarcerated is typically many months—and often easily over a year—from the time of his or her initial appearance after indictment. Many trials are resolved by plea agreements without ever having set a “real” trial date. There is lip service to the constitutional notion of a Speedy Trial, and the easily avoidable…
