- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Trump judicial nominee can't answer basic litigation questions
Posted on 12/16/17 at 5:52 am
Posted on 12/16/17 at 5:52 am
NPR
this sounds bad but he's being nominated for the DC court. if there are many litigation-related issues in that court, they're a very small percentage of the docket. the DC courts typically handle issues of government b/c they have jurisdiction over rulemaking and procedural issues in federal-governmental behavior. he has vast experience in THAT area
Kennedy peacocking with his litigation-related questions is almost worthless. those aren't difficult concepts for a judge to consider, IF he ever even has to hear those issues before him. we should be much more concerned if a civil litigator with no rulemaking or regulatory background was being nominated for this seat, b/c that's much more difficult to grasp without a background
summary: litigation lawyers (which i have spent most of my career as) overstate the difficulty of litigation. the media doesn't understand what the DC circuit does primarily. John Kennedy, who should know better, is playing into the meme that trial experience is necessary for a position that rarely hears issues related to trials and should feel ashamed
quote:
Matthew Petersen has been nominated for a judgeship on the U.S. District Court for the District of Columbia, one of the nation's most important federal courts. Petersen is now a member of the Federal Election Commission.
But his trouble began during Wednesday's confirmation hearing before the Senate Judiciary Committee when, among a panel of five nominees, he alone told Sen. John Kennedy, R-La., that he had never tried a case in court.
this sounds bad but he's being nominated for the DC court. if there are many litigation-related issues in that court, they're a very small percentage of the docket. the DC courts typically handle issues of government b/c they have jurisdiction over rulemaking and procedural issues in federal-governmental behavior. he has vast experience in THAT area
quote:
Petersen does have a law degree from the University of Virginia. He was appointed to the FEC in 2008 by President George W. Bush and served alongside the current White House counsel, Donald McGahn.
Kennedy peacocking with his litigation-related questions is almost worthless. those aren't difficult concepts for a judge to consider, IF he ever even has to hear those issues before him. we should be much more concerned if a civil litigator with no rulemaking or regulatory background was being nominated for this seat, b/c that's much more difficult to grasp without a background
summary: litigation lawyers (which i have spent most of my career as) overstate the difficulty of litigation. the media doesn't understand what the DC circuit does primarily. John Kennedy, who should know better, is playing into the meme that trial experience is necessary for a position that rarely hears issues related to trials and should feel ashamed
Posted on 12/16/17 at 5:56 am to SlowFlowPro
Those are all good points. However, I think 99% of the population would like a judge to be pretty well rounded and at least be able to say he or she did just about all tasks you can imagine at least once. Subject area expertise is not such a big deal, but procedural experience is, for most people. JMO
Posted on 12/16/17 at 6:02 am to starsandstripes
i get that, but for this specific area, it's not THAT important
and this
is rare and often a sign of a lower-level attorney in terms of ability (like me. i've done an incredibly wide array of subject matter as a lawyer and few people would consider me a good lawyer in terms of laywering. i'm much better in the non-legal aspects of being a lawyer)
and this
quote:
would like a judge to be pretty well rounded and at least be able to say he or she did just about all tasks you can imagine at least once
is rare and often a sign of a lower-level attorney in terms of ability (like me. i've done an incredibly wide array of subject matter as a lawyer and few people would consider me a good lawyer in terms of laywering. i'm much better in the non-legal aspects of being a lawyer)
Posted on 12/16/17 at 6:15 am to SlowFlowPro
This patronage appointment by Trump is a disgrace.
Posted on 12/16/17 at 6:21 am to Geauxst Writer
there is a lot of comic value with it but it's not as terrible as people are trying to make it
people who are pushing that marrative either have a fundamental misunderstanding of what his job is supposed to be or do know and purposefully hide that from the public...for some reason
i mean it is funny, and i'm not going to lie about that, but those attempts do miss the mark
*ETA: obviously there are likely better options who can answer both sets of questions
people who are pushing that marrative either have a fundamental misunderstanding of what his job is supposed to be or do know and purposefully hide that from the public...for some reason
i mean it is funny, and i'm not going to lie about that, but those attempts do miss the mark
*ETA: obviously there are likely better options who can answer both sets of questions
This post was edited on 12/16/17 at 6:22 am
Posted on 12/16/17 at 6:35 am to SlowFlowPro
To me the entire thing signaled a lack of preparedness. He could have answered those questions in a different way, rather than simply “no”.
Q: have you ever tried a jury trial?
A: no, my experience has been in x
Q: do you know what x means?
A: that’s a concept that applies to litigation, which as I just said has not been a part of my career - so no.
Those are less embarrassing ways to answer the question.
Q: have you ever tried a jury trial?
A: no, my experience has been in x
Q: do you know what x means?
A: that’s a concept that applies to litigation, which as I just said has not been a part of my career - so no.
Those are less embarrassing ways to answer the question.
Posted on 12/16/17 at 6:36 am to Geauxst Writer
All of his other judicial appointments are not.
Replace this one and move forward.
I can a!most guarantee Obama had a worse one slip through but there never was any scrutinybof any of them.
This fricking double standard and the fricking whining that goes with it are tiresome.
How come we do not hear about the brilliant appointees he has had?
Replace this one and move forward.
I can a!most guarantee Obama had a worse one slip through but there never was any scrutinybof any of them.
This fricking double standard and the fricking whining that goes with it are tiresome.
How come we do not hear about the brilliant appointees he has had?
Posted on 12/16/17 at 6:38 am to SlowFlowPro
I know zilch about lawyers - except I have a few good jokes about them.
But - don't district judges sit on a panel? I didn't think they sat as the presiding judge in a trial situation where they were the responsible for all the litigation procedures.
I would think that a banc of judges would benefit from having diverse experience in all aspects of what may come to them for their collective decision.
So, I tend to agree with you just based on the logic you have presented.
But - don't district judges sit on a panel? I didn't think they sat as the presiding judge in a trial situation where they were the responsible for all the litigation procedures.
I would think that a banc of judges would benefit from having diverse experience in all aspects of what may come to them for their collective decision.
So, I tend to agree with you just based on the logic you have presented.
Posted on 12/16/17 at 6:41 am to SlowFlowPro
Not a big deal. He can learn on the job. Trump only gets the best of the best.
Posted on 12/16/17 at 6:41 am to SlowFlowPro
there are plenty of successful attorneys that never set foot in the courtroom. Today’s regulatory environment makes a nice foundation for a career for a young man or woman want to focus their skills.
Heck, the biggest “trial attorney” in my area has never set foot in a courtroom.
Heck, the biggest “trial attorney” in my area has never set foot in a courtroom.
Posted on 12/16/17 at 6:42 am to gthog61
quote:
This fricking double standard and the fricking whining that goes with it are tiresome.
Whining about whining. Classic gthog61
We’re a year into Trump’s first term and all we seem to get from you is “but but but Obama”. Sad.
Posted on 12/16/17 at 6:43 am to DEG
quote:
To me the entire thing signaled a lack of preparedness.
100%. he knew they were coming for his lack of litigation experience and he couldn't discuss Daubert or a motion in limine?
compare that to Jeff Sessions, who came 100% prepared for all allegations and arguments of his alleged racism or racist behaviors. Sessions is a terrible AG but he was masterful and slaughtered the DEMs that day
Posted on 12/16/17 at 6:47 am to DEG
quote:
all we seem to get from you is “but but but Obama”.
as opposed to Obama, who was still blaming Bush for the disaster his DEM buddies wrought on the nation as he completed his 8 yr apology tenure.
Posted on 12/16/17 at 6:49 am to KillTheGophers
quote:
Heck, the biggest “trial attorney” in my area has never set foot in a courtroom.
my mentor, who is very successful, always taught me that going to trial means you failed as a trial attorney/litigator
now you have to go to court, but trials are the extreme exception to litigation. if you're a lawyer who always tries to manufacture a litigation path that leads to trial, you're likely being very inefficient as a representative of your client
Posted on 12/16/17 at 7:43 am to SlowFlowPro
I’m a litigator. I do believe your points are somewhat valid.
That said. Most appellate level judges have law professor backgrounds, and that kind of knowledge isn’t necessarily experience, and for rendering legal opinions - I think it is a negative, and I think it contributes to judicial overreach. For example: Rhienquist was criticized for appointment because he had only been a private practice lawyer- never a judge, or a professor. I’ve never understood that. As a lawyer, I have no desire to see appointed appellate judges who have spent their legal careers in academics. Private practice lawyers usually make the best judges because they understand the practical ways their decisions affect people and businesses.
Likewise with regulatory experience. I’d be more interested in knowing whether the guy has ever reperesented actual clients before regulatory agencies. It has been my experience that agencies have usually made up their minds before you ever show up, and you’re contesting whatever the agency did, to the agency. Lawyers opposing agencies, I think that would be the best experience because you see first hand how those agencies actually affect lives. Good luck getting an admninstrative agency to change its mind once it’s made up . . .
(PS that’s why I loved Trump’s appointment to the NLRB. That guy faced the above on a daily basis).
That said. Most appellate level judges have law professor backgrounds, and that kind of knowledge isn’t necessarily experience, and for rendering legal opinions - I think it is a negative, and I think it contributes to judicial overreach. For example: Rhienquist was criticized for appointment because he had only been a private practice lawyer- never a judge, or a professor. I’ve never understood that. As a lawyer, I have no desire to see appointed appellate judges who have spent their legal careers in academics. Private practice lawyers usually make the best judges because they understand the practical ways their decisions affect people and businesses.
Likewise with regulatory experience. I’d be more interested in knowing whether the guy has ever reperesented actual clients before regulatory agencies. It has been my experience that agencies have usually made up their minds before you ever show up, and you’re contesting whatever the agency did, to the agency. Lawyers opposing agencies, I think that would be the best experience because you see first hand how those agencies actually affect lives. Good luck getting an admninstrative agency to change its mind once it’s made up . . .
(PS that’s why I loved Trump’s appointment to the NLRB. That guy faced the above on a daily basis).
Posted on 12/16/17 at 7:45 am to SlowFlowPro
This guy probably knows the Code of Federal Regulations back and forth and reads the Federal Register daily, something 99.9% of us never do nor have a need to.
Posted on 12/16/17 at 7:55 am to gthog61
quote:1. Whether true or not, that has not bearing on this situation other than a point of frustration.
I can a!most guarantee Obama had a worse one slip through but there never was any scrutinybof any of them.
2. John Kennedy is a member of the president's own party, isn't he? Kind of hard to make an argument that this questioning was partisan politics.
3. I think there are plenty other candidates from which to choose who have a bit more experience as judges or in the courtroom.
Posted on 12/16/17 at 8:01 am to SlowFlowPro
quote:
100%. he knew they were coming for his lack of litigation experience and he couldn't discuss Daubert or a motion in limine?
Frankly the lack of preparation alone should disqualify him.
Posted on 12/16/17 at 8:06 am to SlowFlowPro
So he's more of a solicitor and not a barrister, like you.
Posted on 12/16/17 at 8:16 am to SlowFlowPro
A trial judge who doesn't know what a motion in limine is generally is should automatically be disqualified
Popular
Back to top
Follow TigerDroppings for LSU Football News