The Local Crank

Musings & Sardonic Commentary on Politics, Religion, Culture & Native American Issues. Bringing you the finest in radioactive screeds since 2002! "The Local Crank" newspaper column is distributed by Community Newspaper Holdings, Inc.

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Location: Cleburne, Texas, United States

Just a simple Cherokee trial lawyer, Barkman has been forcing his opinions on others in print since, for reasons that passeth understanding, he was an unsuccessful candidate for state representative in 2002. His philosophy: "If people had wanted me to be nice, they should've voted for me."

Tuesday, August 08, 2006

A Good Lawyer Knows the Law...

...a great lawyer gets the judge removed as soon as he or she rules against their client. From Legal Times, a legal critique of the DC Circuit's decision to remove Judge Royce Lamberth from the Cobell Trust Case.
I have been on the receiving end of something like this, more than ten years ago when I was working on a complex personal injury/product liability case in Travis County. Travis County had (and may still have) a truly annoying rotating docket system, whereby every single pre-trial motion you file gets heard by a random judge. In a case with significant discovery issues, like that one, it meant that with every motion, we had to explain the entire case from Adam and Eve to the present, plus the controversy at hand, to a new judge. Finally, I discovered a section of the local rules that allowed you to request that a single judge be assigned to hear the entire case. So, we requested the first and only judge to rule in our favor. Then, the Defendants moved to recuse that judge on the grounds that he was biased because he ruled for us! Evidently, the previous five judges that had ruled for the Defendant were perfectly alright. The judge we requested recused himself, I think primarily because he was up for re-election, and we were assigned a judge who promptly denied everything we asked for. Just to be obnoxious, we tried to recuse her and I pretty much copied the Defendant's motion word-for-word, but of course, it didn't work.

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4 Comments:

Blogger Kvatch said...

I think you and I had an exchange on Blognonymous about Lamberth's removal, but I think that it bears repeating how bad this is for the tribes. No other judge will be able to get up to speed on this in under 3 years. Justice delayed...again...

8/09/2006 3:48 PM  
Blogger The Local Crank said...

We did. It's particularly galling that the Appeals Court said that Lamberth had practically accused the Interior Department of racism. Yes, another exciting scoop from the pages of DUH! Magazine.

8/09/2006 8:09 PM  
Blogger Kvatch said...

Accused the DoI of racism? No! Say it isn't so...oh well...calling a spade a spade, I suppose.

8/10/2006 8:21 PM  
Blogger The Local Crank said...

"calling a spade a spade, I suppose"

So to speak...

8/10/2006 10:45 PM  

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