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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…
Good-Faith Rule Applies to Document Destruction
June 20, 2011
Good-Faith Rule Applies to Document Destruction
By: Ifrah Law
Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the opponent could have used as evidence. A recent decision in the Eastern District of Virginia serves as a reminder that a judge’s decision to award sanctions — and…
Disqualification of AUSA in Scruggs Case Is Message to Prosecutors
June 13, 2011
Disqualification of AUSA in Scruggs Case Is Message to Prosecutors
By: Ifrah Law
The botched prosecution of Senator Ted Stevens was a wake-up call of sorts for the U.S. Department of Justice that there would be severe consequences for prosecutors who did not comply with obligations under Brady and related cases. The Department took another hit recently when a federal judge removed an Assistant United States Attorney from the case against the son of disgraced anti-tobacco attorney Richard…
Perjury, Obstruction, and Barry Bonds’ Conviction
June 6, 2011
Perjury, Obstruction, and Barry Bonds’ Conviction
By: Ifrah Law
Last month, an article in the National Law Journal asked a question that has been on the minds of many: “Did Barry Bonds really obstruct justice?” In April a jury convicted baseball legend Barry Bonds on one count of obstruction of justice based on the testimony he provided before a federal grand jury investigating the use of illegal steroids in professional sports. The jury, however,…
Black Friday Chills Legislative Momentum in Nevada and Elsewhere
May 25, 2011
Black Friday Chills Legislative Momentum in Nevada and Elsewhere
By: Ifrah Law
Just a couple of months ago, there was considerable optimism after the introduction of an interactive-gaming bill in the Nevada legislature that that state could be the first to legalize online poker. However, in the wake of last month’s “Black Friday” indictments, it now appears that the optimism was premature. The state legislature is clearly waiting for the issue of online gaming to be resolved…
Federal Indictment in Maryland Reflects Continuing Crackdown on Gaming
May 24, 2011
Federal Indictment in Maryland Reflects Continuing Crackdown on Gaming
By: Ifrah Law
The U.S. Department of Justice is continuing its crackdown on the online gaming industry. On May 23, 2011, the U.S. attorney for the District of Maryland unsealed an indictment that charged several poker and gambling sites with illegal gambling and money laundering. Those indicted were ThrillX Systems, Ltd., d/b/a BetEd; Darren Wright; and David Parchomchuk, both of British Columbia, Canada, as well as K23 Group Financial…
