All posts in Judges Corner

Now is the time folks.   This is an email from the Federal Judicial Center.  As far as I know, the judges that are being reviewed have volunteered for the review.  That includes Judge Scott Clarkson, Judge Ernest Robles, Judge Mark Wallace.

Dear Attorney,

Judge Scott C. Clarkson of the United States Bankruptcy Court for the Central District of California asked the Federal Judicial Center (FJC) to survey members of the Bar to assess his performance.  The judge’s decision to ask the FJC to conduct this survey is entirely voluntary and is part of his ongoing commitment to provide the highest level of public service possible. The FJC, which is the research and education organization for the federal courts, is located in Washington, D.C. The FJC has been conducting similar surveys for judges for several years. An announcement of this survey is on the Court’s website.

Judge Clarkson would appreciate your taking a few minutes by Friday,May 20 to complete an online questionnaire, available at:

https://fjc.co1.qualtrics.com/SE/?SID=SV_8HqQCxkScu9z1vD Read more…

From Chief Judge Sheri Bluebond:

After 40 years of practicing bankruptcy law and 10 years of being on the bench, the Hon. Richard M. Neiter has decided to retire effective as of 9/1/16.  He should then have more time to enjoy with his wonderful wife, Lois, his five grandsons and their parents. We wish him well.

I always cringe when I hear an attorney apologize for being late or filing something late and using the excuse of “it was miscalendared.”  I cringe because it has happened to me a time or two but you hear it so often that you think judges are going to stop accepting the excuse at all.  Judge Martin Barash in Woodland Hills posted a nice tentative on the issue:

Calendaring mistakes happen.  However, the Court notes its general view that calendaring mistakes are not, per se, excusable neglect.  The Court finds particularly unpersuasive the sort of explanation provided here: that someone else (in this case a paralegal) miscalendared a status conference.  Attorneys may look to others to assist with calendaring matters, but they do so at their own peril.  Ultimately, it is the attorney – the individual who is licensed to practice law – who bears the responsibility for keeping track of the deadlines set by the Court and by applicable law.  Fortunately, in this instance, the consequences were not more serious, and the Court will excuse counsel’s failure to appear.  However, the Court’s decision to do so should not be viewed as precedent of any kind, and any future failure to appear by the counsel involved here likely will not be viewed favorably.