Bullies on the Bench
| Author | Douglas R. Richmond |
| Position | Managing Director, Professional Services, Aon Risk Solutions, Chicago, Illinois. |
| Pages | 325-360 |
Bullies on the Bench
Douglas R. Richmond∗
I. INTRODUCTION
Former United States District Judge Samuel B. Kent, who sat
in Galveston, Texas, had little patience for lawyers he perceived as
careless or incompetent.1 He freely chastised such lawyers in his
orders and, thanks to the legal media and the internet, some of his
more colorful decisions attracted wide attention among members
of the bar. Consider, for example, his order denying a defendant’s
motion to transfer venue in Labor Force, Inc. v. Jacintoport
Corp.,2 in which the hapless defense lawyer confused the transfer
of a matter within divisions of a judicial district with a motion to
transfer venue between districts, and, in doing so, apparently
misread a federal venue statute. As Judge Kent angrily wrote in his
order: “Manifestly, any person with even a correspondence-course
level understanding of federal practice and procedure would
recognize that Defendant’s Motion [was] patently insipid,
ludicrous and utterly and unequivocally without any merit
whatsoever.”3 Continuing, Judge Kent quoted the portion of the
statute that the defendant “hopelessly incorrectly interpreted and
cited” and emphasized the relevant language, as the emphasis was
“apparently needed by blithering counsel.”4 He then
“emphatically” denied the defendant’s “obnoxiously ancient,
boilerplate, inane” motion and disqualified the defense lawyer “for
cause . . . for submitting [such] asinine tripe.”5
Consistent with his tone in the Labor Force case, Judge Kent
allegedly used to brag about his ability to intimidate people and
Copyright 2012, by DOUGLAS R. RICHMOND.
∗ Managing Director, Professional Services, Aon Risk Solutions,
Chicago, Illinois. J.D., University of Kansas; M.Ed., University of Nebraska;
B.S., Fort Hays State University. Opinions expressed here are the author’s alone.
72 (S.D. Tex. 2001) (mocking the work of the lawyers for both parties).
2. Order Denying Defendant’s Motion to Dismiss or Transfer Venue and
Ordering Substitution of Counsel-of-Record, Labor Force, Inc. v. Jacintoport
Corp., et al., Civ. Action No. G-01-058 (S.D. Tex. June 7, 2001) (on file with
the author).
3. Id. at 1.
4. Id. at 2.
5. Id.
326 LOUISIANA LAW REVIEW [Vol. 72
reportedly boasted that “‘everyone was afraid of him.’”6 His
judicial career eventually flamed out in spectacular fashion. He
was accused of sexually assaulting two women on his staff and
was sentenced to nearly three years in prison after he pled guilty to
one count of obstruction of justice as part of a plea bargain in
exchange for the dismissal of multiple sex crime charges.7
Another federal judge in Texas, Sam Sparks, caused a stir in
August 2011 when his order concerning a party’s poorly-conceived
motion to quash a subpoena quickly went viral.8 “You are invited
to a kindergarten party,” he announced in the order, a sarcastic
mandate necessitated by the lawyers’ inability “to practice law at
the level of a first year law student.”9 He further wrote: “Invitation
to this exclusive event is not RSVP. Please remember to bring a
sack lunch! The United States Marshals have beds available . . . so
you may wish to bring a toothbrush in case the party runs late.”10
Judge Sparks’s sarcasm drew an e-mail rebuke from a Fifth Circuit
colleague, who found the order “not funny,” and described it as “so
caustic, demeaning, and gratuitous” that it “cast[] more disrespect
on the judiciary than on the now-besmirched reputation of the
counsel.”11 Judge Sparks was unrepentant, saying he had received
supportive e-mails from hundreds of federal and state judges.12
Mississippi Chancery Court Judge Talmadge Littlejohn
achieved notoriety in October 2010 when he jailed a lawyer for
criminal contempt after the lawyer failed to stand and recite the
pledge of allegiance in court.13 The lawyer, Danny Lampley, spent
6. Kent Sentenced to Almost 3 Years in Prison, GALVESTON COUNTY DAILY
NEWS, May 12, 2009, available at http://galvestondailynews.com/story/137512
(quoting Judge K ent’s former case manager).
7. Id. (noting that Judge Kent had faced five charges for alleged federal
sex crimes in addition to the obstruction of justice charge); see also Brenda
Sapino Jeffreys, Former Judge Samuel B. Kent Sentenced to 33 Months in
Prison, T EXAS LAWYER (May 11, 2009), http://www.law.com/jsp/tx/PubArticle
FriendlyTX.jsp?id=1202430610099 (reporting the history and resolution of the
case against Judge Kent).
8. Order, Theresa Morris v. John Coker e t al., Case Nos. A-11-MC-712-SS
to -715-SS (W.D. Tex. Aug. 26, 2011) (on file with the author).
9. Id. at 1–2.
10. Id. at 2.
11. John Council, 5th Circuit Judge Takes U.S. District Judge Sam Sparks
to Task in an Email, TEXAS LAWYER (Sept. 12, 2011), http://www.law.com/jsp/
tx/PubArticleFriendlyTX.jsp?id=1202514158040.
12. Judge Defends Kindergarten Order, WALL ST. J. LAW BLOG (Sept. 27,
2011, 2:33 p.m. ET), http://blogs.wsj.com/law.
13. Holbrook Mohr, Attorney Jailed for Not Reciting Pledge of Allegiance,
LAW.COM (Oct. 12, 2010), http://www.law.com/jsp/law/LawArticleFriendly.jsp?
id=1202473224805; Holbrook Mohr & Adrian Sainz, Recite Pledge or Go to
Jail? Mississippi Lawyer Locked Up, TULSA WORLD, Oct. 8, 2010, available at
2012] BULLIES ON THE BENCH 327
approximately five hours in jail before Judge Littlejohn released
him so he could appear on behalf of another client.14 As Judge
Littlejohn later acknowledged, his action clearly violated
Lampley’s First Amendment rights.15 The Mississippi Commission
on Judicial Performance concluded that Judge Littlejohn violated
five canons of judicial conduct and a section of the Mississippi
Constitution.16 Based on Judge Littlejohn’s admission of error and
his promise to make the recitation of the pledge in his courtroom
voluntary in the future, the Commission recommended to the
Supreme Court of Mississippi that it publicly reprimand Judge
Littlejohn and fine him $100.17 After expressing what might be
viewed by some observers as insincere concern about the gravity
of the judge’s misconduct in light of the outcome,18 the Mississippi
Supreme Court adopted the disappointingly weak sanctions
recommended by the Commission.19
Finally, consider the remarks of Justice Frederick L. Brown of
the Massachusetts Appeals Court at oral argument in Edwards v.
Labor Relations Commission.20 In Edwards, George Edwards sued
the National Association of Government Employees (“NAGE”) for
breaching its duty of fair representation when it did not represent
him in an earlier proceeding.21 The Massachusetts Labor Relations
Commission dismissed Edwards’s complaint against NAGE, and
Edwards appealed. At oral argument, Justice Brown made a series
of comments to the Commission’s counsel critical of NAGE, its
president, Kenneth Lyons, and Lyons’s family.22 Justice Brown
http://www.tulsaworld.com/news/article.aspx?subjectid=13&articleid=2010100
8_13_A8_TUPELO336814.
14. Mohr, supra note 13; Mohr & Sainz, supra note 13.
15. See Phil West, Tupelo Judge Reprimanded for Pledge of Allegiance
Incident, THE COMMERCIAL APPEAL, June 10, 2011, http://www.commercial
appeal.com/news/2011/jun/10/tupelo-judge-reprimanded-for-pledge-incident/?
print=1; see also W. Va. State Bd. of Educ. v. Barnette, 319 U.S. 624, 642
(1943) (“We think the action of the local authorities in compelling the flag
salute and pledge transcends constitutional limitations on their power and
invades the sphere of intellect and spirit which it is the purpose of the First
Amendment to our Constitution to reserve from all official control.”).
16. Commission Findings of Fact and Recommendation, Inquiry
Concerning a Judge at 3, No. 2010-216 (Miss. Comm’n on Judicial Performance
Nov. 30, 2010) (on file with the author).
17. Id. at 3–4.
18. See Miss. Comm’n on Judicial Performance v. Littlejohn, 62 So. 3d
19. Id. at 973.
20. 660 N.E.2d 395 (Mass. App. Ct. 1996).
21. In re Brown, 691 N.E.2d 573, 574 (Mass. 1998).
22. Id.
To continue reading
Request your trial