Judiciary Watch

Berger confirmed to federal court in West Virginia

The Senate confirmed Irene Cornelia Berger’s nomination to the U.S. District Court for the Southern District of West Virginia, making her the first African-American federal judge in West Virginia.  After graduating West Virginia Univ. College of Law in 1979, Berger was a staff attorney at the Legal Aid Society of Charleston for 3 years.  In 1982, she became Assistant County Prosecutor in Kanawha County, a position she held for 12 years.  In 1994, Berger became an Assistant U.S. Attorney for the Southern District of West Virginia.  Later that year, she was appointed Kanawha Circuit Judge, a position she held until her confirmation.  Berger replaces Hon. David A. Faber, who has taken senior status.

Roberto A. Lange confirmed to U.S. District Court

The Senate confirmed by a unanimous vote the nomination of Roberto A. Lange to the U.S. District Court for the District of South Dakota. Lange was born in Spain and raised on a family farm in South Dakota.  He received a B.A. from the Univ. of South Dakota in 1985 and graduated Northwestern Univ. School of Law cum laude in 1988.  He was a partner with Davenport, Evans, Hurwitz and Smith from 1993 to 2009.  While in private practice, Lange handled complex commercial litigation, products liability and significant injury cases, class action cases, ERISA litigation and other business disputes for both smaller and nationally known clients.   Lange argued a death penalty case before the U.S. Supreme Court in 2005, representing Charles Russell Rhines in his federal habeas corpus proceeding as court-appointed counsel. Rhines v. Weber, 125 S.Ct. 1528 (U.S. 2005).

Judiciary Committee endorses four nominees to District Courts of California

The Senate Judiciary Committee sent four of President Obama’s nominees to the District Courts in California to the full Senate.  Jacqueline H. Nguyen and Dolly Gee for the Central District of California and Richard Seeborg for the Northern District of California were forwarded by voice vote, while Edward M. Chen,  for the Northern District of California, received a party-line vote of 12-7.  Republican committee members expressed concern about Chen’s 16-year tenure at the American Civil Liberties Union.   Referring to his 8-year term as a U.S. Magistrate Judge, Sen. Dianne Feinstein (Dem.) countered that Chen “has made the transition from advocate to judge, and I do not believe there is a spot, a blemish, a wart on his record...”  

Judge William Wayne Justice dies at 89

Hon. William Wayne Justice, of Federal District Court in the Eastern and Western Districts of Texas, died on Tuesday at the age of 89.  Justice was appointed in 1968 by President Lyndon B. Johnson. He served as U.S. Attorney for the Eastern District of Texas prior to taking the bench.

Lawyers who were interviewed for the Almanac of the Federal Judiciary raved about Justice’s intellect and his judicial temperament:  "I love him. He is one of my heroes." "He is one of the best judges I have ever appeared before." "He is outstanding. He is a super man. He is an outstanding judge." "His temperament is excellent. He treats everyone with respect." "He has a good heart. He has a good temperament."

Among Justice’s most notable rulings was Doe v. Plyler, 458 F. Supp. 569 (E.D. Tex. 1978), which struck down a law that allowedTexas public schools to charge tuition for children of illegal immigrants.  In the 1980s, he ordered major reforms in the Texas prison system, finally releasing it from oversight in 2002.  Although some criticized Justice for being too liberal, many hailed him as a champion of the little guy.  All of those practitioners interviewed for the Almanac agreed that he was a fair and evenhanded judge.  One criminal defense attorney said of Justice, "I feel like I have had a fair shake, even when I lose."

Jeffrey Viken confirmed to U.S. District Court for South Dakota

The Senate has confirmed Jeffrey L. Viken, by a vote of  99 to 0, to the United States District Court for the District of South Dakota.  Viken is a graduate of the University of South Dakota School of Law.  He most recently served as the Federal Public Defender for South Dakota and North Dakota, a position he held since 2003.  From 1977 to 1981 he was an Assistant U.S. Attorney in South Dakota, and from 1981 to 2003 was in private practice, specializing in plaintiff personal injury litigation and criminal defense in federal and state courts.  A significant part of Viken’s client base was comprised of Native American people from the northern plains region.  Viken will be based in Rapid City.  He replaces Hon. Lawrence Piersol, who recently assumed senior status.

Supreme Court hears arguments in First Amendment case

The Supreme Court heard arguments yesterday in a First Amendment case, United States v. Stevens, concerning free-speech and dogfight videos.  The case concerns the constitutionality of a federal law that bans commercial trafficking in depictions of animal cruelty, but exempts material with “serious religious, political, scientific, educational, journalistic, historical, or artistic value.”  The justices’ avalanche of hypothetical questions seemed to indicate they thought the law was too broad.  Justice Alito asked about a ban on a cable television “Human Sacrifice Channel” while Justice Alito debated the educational merits of bullfighting.  Justice Breyer, who at one point said the law was so vague people “would not know what to do to avoid the risk of being prosecuted,” suggested that Congress ought to “write a statute that actually aims at those frightful things it was trying to prohibit.”

Today, the court will hear arguments in a case concerning government displays of religious symbols.  At question is whether a cross erected on federal land in the Mojave Desert in California as a monument to war veterans is a violation of the establishment clause of the First Amendment. 

Supreme Court begins new term

The Supreme Court began its fall term Monday with the spotlight on junior Justice Sonia Sotomayor.  On the court’s docket are cases involving gun rights and states’ ability to enforce restrictions on gun ownership, religious displays on public land, and life sentences without parole for juvenile defendants who committed non-homicide offenses. But many of the cases the court will consider involve corporations and the financial markets.  As reported in the NY Times, 24 of the 45 cases the court agreed to hear this term involve business issues.