Sen. Stevens Charges Dropped

From Nina Totenberg at NPR:
The Justice Department on Wednesday asked a federal judge to drop all charges against former Sen. Ted Stevens of Alaska.
A jury convicted Stevens last fall of seven counts of lying on his Senate disclosure form in order to conceal $250,000 in gifts from an oil industry executive and other friends. Stevens was the longest-serving Republican in the Senate. However, he lost his bid for an eighth full term in office just days after he was convicted. Since then, charges of prosecutorial misconduct have delayed his sentencing and prompted defense motions for a new trial.
In a move first reported by NPR, U.S. Attorney General Eric Holder said he has decided to drop the case against Stevens rather than continue to defend the conviction in the face of persistent problems stemming from the actions of prosecutors.
"After careful review, I have concluded that certain information should have been provided to the defense for use at trial," Holder said in a statement Wednesday. "In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial." . . . Stevens said, "I always knew that there would be a day when the cloud that surrounded me would be removed. That day has finally come. It is unfortunate that an election was affected by proceedings now recognized as unfair. It was my great honor to serve the State of Alaska in the United States Senate for 40 years." . . .
"The Department of Justice must always ensure that any case in which it is involved is handled fairly and consistent with its commitment to justice," Holder said in his statement.

Barney: Scalia A Homophobe

From the Associated Press:
Massachusetts Rep. Barney Frank called Supreme Court Justice Antonin Scalia a "homophobe" in a recent interview with the gay news Web site 365gay.com.
The Democratic lawmaker, who is gay, was discussing gay marriage and his expectation that the high court would some day be called upon to decide whether the Constitution allows the federal government to deny recognition to same-sex marriages.
"I wouldn't want it to go to the United States Supreme Court now because that homophobe Antonin Scalia has too many votes on this current court," said Frank. The video of the interview is available online.
Frank's office did not respond to a request Monday to expand on his remark. Scalia also had no comment.
Scalia dissented from the court's ruling in 2003 that struck down state laws banning consensual sodomy. He has complained about judges, rather than elected officials, deciding questions of morality about which the Constitution is silent.
Controversial topics like gay rights and abortion should not be in the hands of judges, he has said, calling on people to persuade their legislatures or amend the Constitution.

NJ Debate Targets Jurist

From Josh Margolin in the Newark Star-Ledger:

Slim, slight and studious, Barry Albin can walk down just about any street in New Jersey without being recognized. But that may soon change. Albin, one of seven justices on the New Jersey Supreme Court, is about to become a lightning rod in what promises to be a tough gubernatorial campaign.
The 56-year-old jurist is the only member of the court due to be nominated for lifetime tenure before Election Day. And he's already being targeted by Republican candidates as a symbol of too much judicial activism in New Jersey.
"Not only do we look forward to it (the hearing process), we intend on making it an issue, and I want to make sure that Barry Albin is not reconfirmed," said Republican gubernatorial candidate Steve Lonegan.
Former U.S. Attorney Chris Christie, the other leading Republican in the governor's race, said Albin's record and questions about Supreme Court nominations are "a legitimate part of the debate. The constitution set it up that way. It is an absolutely appropriate matter to be discussed in a gubernatorial campaign. There are many things this court has done over the years that have tied the hands of the governor and the Legislature." . . .
Sen. Paul Sarlo (D-Bergen), the chairman of the Judiciary Committee that holds the confirmation hearings, said he has told Corzine's staff he plans to gavel the Albin hearing to order in June. Sarlo insisted he is "not going to allow this to turn into a political circus" but will let Republican senators engage in detailed questioning.
"I'm going to give all the members ample opportunity to ask their questions and discuss the work that he has done on the bench," Sarlo said.
Sarlo said he realizes Albin's tenure process will be the appetizer for Republicans who have long railed at the court for pushing everything from billions in school funding for poor school districts to civil unions for same-sex couples. Just last week, the court disappointed GOP leaders by unanimously refusing to consider their appeal of a decision saying Corzine does not have release e-mails he exchanged with former state workers union leader Carla Katz.
The GOP's main course, Sarlo said, will be this fall's gubernatorial race because the next governor will be responsible for nominating or renominating four of the seven justices, as two will reach the mandatory retirement age of 70 and two others will be at the end of their initial seven-year terms. . . .
New Jersey's Supreme Court, modeled on the nation's high court, has the final word on interpreting state law and the Garden State's constitution. The justices are appointed by the governor and confirmed by the state Senate.
Albin, who was both a prosecutor and prominent criminal defense lawyer before coming to the bench, was nominated by his friend, then-Gov. James E. McGreevey, in 2002. A prolific writer of more than 100 majority opinions and author of controversial decisions including the civil unions case, Albin has helped decide hot-button issues from the moment he joined the court.
One of the first oral arguments he heard was in the groundbreaking case that allowed state Democrats to ignore statutory deadlines and replace U.S. Sen. Bob Torricelli on the 2002 ballot. Albin also has voted with the majority of justices on key cases on mandatory funding for poor school districts and allowing state authorities to borrow money without voter approval.
Conservatives like Lonegan take issue with what he calls Albin's "activist" judicial philosophy, saying he tries to make law rather than interpret existing law.
"Now it's time to hold him accountable," Lonegan said.
Christie said he has not yet studied Albin's record closely, though he was emphatic "the court has no business legislating. The court has no business making new law."

Three New Podcasts!

I've just conducted three new podcast interviews as part of the "Hot Interviews With Very Cool People" series for the Philadelphia Bar Association.
In one, Renowned Philadelphia Museum of Art curator Joe Rishel talks about the Museum's big, new "Cezanne and Beyond" exhibit, the role of Cezanne in the birth of modern art and Cezanne's enduring influence into the 21st century.
In another, Philadelphia Common Pleas Court President Judge Pamela Dembe discusses the challenges now facing the courts as well as what led her to her present position and her plans for the future.
Plus, in a candid discussion focusing on "the rest of your life" Philadelphia Bar Association Chancellor Sayde Ladov talks about her many interests beyond the practice of law and stresses the need for balance in your life.
You can also listen to Marlene Olshan, chief executive officer of Big Brothers Big Sisters Southeastern Pennsylvania, and Shanin Specter, an attorney and Big Brother, on how to get involved with Big Brothers Big Sisters.
To link to any of these podcasts click here and then choose the podcasts.
Go, listen!
And BTW: Thanks to the Philadelphia Bar Association for its continuing support of this podcast series.

Anger Over Police Slayings

Here are some Letters to the Editor from today's Philadelphia Daily News:

Yet another officer is killed doing his job. A job that he does in a community that, due to a handful of bad officers unworthy of the uniform, has no love or respect for him or the department he works for.
The answer is simple. Create a new law that can't be dealt down by the D.A. or a high-priced lawyer. Make the judges accountable for the acts of criminals they sentence, take away the sovereign immunity that lets them give breaks to career criminals.
Increase the mandatory time for using a weapon against an officer to 40 years, no parole, and apply it to all open cases. Seek the death penalty in all killings of cops. Lastly, and I can't stress this enough, retrain your officers in all facets of policing and make sure they wear their vests at all times.
James Brawner, Philadelphia

There's no justification for the killing of the very people who put their life on the line to protect us every day.
These low-down good-for-nothings should be put away forever. To shoot down Officer Pawlowski shows the mind of a mad, cold-blooded, good-for-nothing criminal who if I had my way would never see daylight. The law should never let these career criminals on the street. Let them rot in jail.
Louis Dillard, Philadelphia

Once again, I'm ashamed to live in this city with these people who continually kill and have no regard for anyone.
As a mother who raised five children, two of them boys, I didn't go through this with my sons. They never went to prison or carried a gun. I'm so tired of the bleeding hearts who say they had a hard life - give me a break.
And when these people go to court, the judges are a disgrace to continually let them go free. Here is my solution: Afghanistan, Iraq, Pakistan. No jail, straight to the military. The soldiers who've done four and five tours can come home.
Set up court for these killers and get a real judge who will do his job. Have someone from the military right in the court and off they go - no training because they already know how to take a life. I bet there will be weeping and wailing in the court just like the families of these police officers had to do. The families of the killers should leave town - if I had this on my conscience, I would. This city is going to hell in a handbasket.
Harriet B. Brown, Philadelphia
Another young officer has been slain in a city whose mayor and D.A. want gun roundups while repeat violent offenders walk the streets. A city whose police chief believes the Second Amendment should be abolished, and says that no citizens of Philadelphia should be allowed to carry a gun.
Yet nobody seems to understand why these killings happen. This isn't just stupidity on the part of our elected officials and citizens - it's a case of willful ignorance.
Stuart Caesar, Philadelphia

When are victims of crimes going to get their "rights"? Liberal judges who let out thugs like Rasheed Scruggs give them more rights than I have Victoria's Secret underwear. Let's go back to the '70s mentality when cops were able to do their jobs without their hands constantly being tied with all this politically correct nonsense.
These judges that let these parasites with a laundry list of priors out on the street time after time need to start being held accountable.
Likewise with the parole board who let hardened criminals with weapons offenses out. No parole for them at all. They all need to stop dissing these officers who constantly put their life on the line in Killadelphia.
Officer Pawlowski is from my parish of St. Anselm. Hearts are heavy and prayers plentiful. All that's left of this tragic reality is prayer for the Pawlowski family and for Kim, his wife, so she can bear this new member of the family to carry on in John's name.
Diane McDowell

FOP Chief Sees Red

Philadelphia Fraternal Order of Police President John J. McNesby is furious with Municipal Judge Craig Washington after the judge turned over a photograph of fallen police officer John Pawlowski in the makeshift courtroom inside the 35th police district on Tuesday. (David Maialetti /Philadelphia Inquirer Staff Photographer)

Judge Stumbles Into Trouble

From Dwight Ott in the Philadelphia Inquirer:
The head of the city's police union today called for a municipal court judge to be dismissed after the judge ordered two pictures of John Pawlowski, the 25-year-old police officer killed Friday, be removed from his courtroom.
In early afternoon, Municipal Court Judge Craig M. Washington sought to have the pictures of Pawlowski taken off his courtroom bench in the 35th District police station. District official denied that order, and Washington stepped down from the bench and placed both pictures face down on the table where they stood.
At a hastily called press conference about 90 minutes later, Fraternal Order of Police President John J. McNesby demanded that Washinton be removed from the judicial hearing list at the station pending an investigation. He also urged that all court hearings be suspended in the 35th District until an investigation is completed.
Washington could not be reached for comment.
Through a spokesperson, President Judge Marsha Neifield said afterward that Washington would not be in the 35th District for the rest of the week, but that municipal court hearings in the district would not be suspended.
"We have to take a deep breath and review the situation....It's too early to know if he will be back," said the spokesperson, Jeff Jubelirer.
In a prepared statement, Neifield said: "All of us are deeply saddened about the tragic loss of Officer Pawlowski. Our thoughts and prayers are foremost with Officer Pawlowski's family, friends and his police colleagues. We understand why emotions are running high."
A career criminal, Rasheed Scruggs, 33, has been charged with murder in the slaying of Pawlowski, who was shot when he intervened in an argument between Scruggs and a hack cab driver.

Push For Merit In Pa.

Congratulations to Pennsylvanians for Modern Courts (PMC) and our friends Lynn Marks and Shira Goodman on their new blog judgesonmerit.org.
On Tuesday, March 18, 2008, a new Merit Selection initiative for the Pennsylvania appellate courts will be announced by Senators Jane Earll and Anthony Williams and Representatives David Steil and Josh Shapiro , prime sponsors of the legislation. The Philadelphia Inquirer, in a front page article, describes this as a “major push” for Merit Selection.
PMC and PMCAction are very excited about this opportunity to change the way Pennsylvania chooses appellate court judges. Merit Selection will eliminate the influence of money in the selection of judges; give more people the chance to serve as judges, including those without great financial resources or political connections; and make sure that qualifications and experience determine who becomes a judge. This will increase public confidence that our courts are fair and impartial and serve all Pennsylvanians, regardless of financial standing or political affiliation.
In future posts, Judges On Merit will describe the Merit Selection proposal and how it will benefit all Pennsylvanians.
We are happy to link to this new blog and will update you from time to time on the progress of this exciting new effort.