Wednesday, August 28, 2019

CJP hearings winding down

Today's DJ has Justice’s misconduct hearing winds down with testimony about his anger

After 16 days of testimony over the past month, the Commission on Judicial Performance hearing that could lead to Johnson’s removal from the bench adjourned until mid-September to accommodate one last witness, who is out of the country.
In the contest for best opening paragraph in an opinion, how's this one from the 11th Circuit:
You can’t make this stuff up. We have hair-pulling, wrist-scratching, face-punching, and rock-throwing—all the makings of a good old-fashioned schoolyard scrap. But alas, the combatants in the fracas underlying this Fourth Amendment case were grown-ups—sisters, in fact. Sheesh.
And how exceptional is anti-SLAPP law? Well, as this published opinion from 4/2 explains, there are exceptions to the exceptions:
An appeal from an order granting or denying an anti-SLAPP motion is an exception to the nonappealability of interlocutory orders. ...
However, in 2003 the Legislature enacted section 425.17, which “categorically exempts certain expressive actions from the scope” of anti-SLAPP protection (citation) and makes immediate appeal of an order applying the exemption unavailable.