Monday, January 11, 2021

Nicholson on Cespedes; Gilbert on Sims & Klein and more

Today's DJ has an article by retired Justice Nicholson of the 3d District titled Visionary Becomes State's New Judicial Appointments Secretary: Few people outside the legal profession realize that Luis Cespedes, the governor’s newly named Judicial Appointments Secretary, has been a leader in increasing diversity and inclusivity among lawyers and judges for more than 30 years.


Today's DJ also has APJ Gilbert's column, titled Potpourri or get it off your chest: Looks like our Democracy is intact. Whatever one's politics or rationale for positions extreme and otherwise, the courts maintained their independence, ruled as they had to, and forestalled what could have been a disaster for our country.

Cases based on facts... must have facts. The facts lead to the law, its interpretation, and its application to the facts. Granted, how judges interpret those facts can lead to differences of opinion. That is why judges have a limited circle of friends in constant flux. Judges are grateful for their appointments, but our oath of office compels loyalty to an ideal that dwarfs loyalty.

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My court has conducted oral argument via Bluejeans several times this year, and I confess I have worn bluejeans during a few of those oral argument sessions. And a caution to attorneys and judges conducting such arguments. What you see of yourself on your screen, others see the same on their screens. This includes what goes on in the background. This is a respectful publication so I will not relate ... never mind. Forget I even brought it up. 

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And I end with a goodbye to two good friends and colleagues who recently passed away, two exceptional people whose contribution to the judiciary endures. Court of Appeal Justice Rick Sims of the 3rd District and I were appointed to the Court of Appeal in...oh dear...1982. His opinions reflected clarity, wisdom, and scholarship. He was the ideal justice with a subtle sense of humor and firm grasp of the rule of law and common sense. I commend you to read "What Appellate Judges Do," 7 J. App. Prac. & Process 193 (2005). It is one of the best explications of what the courts do. It is a must read. I also suggest you view his interview on the oral history of appellate justices on YouTube.

And we will all miss Joan Dempsey Klein of the 2nd District Court of Appeal. I knew Justice Klein for a few years...since...1965. Yikes! .... She was an inspiration to women in the law and responsible for the careers of many of our distinguished women lawyers and jurists. So to add to your viewing pleasure, I urge you to watch the oral history of Justice Klein on YouTube