Q&A: Judge Wardlaw

Today's DJ has a Q&A: 9th Circuit Judge Kim Wardlaw (an interview by William Domnarski):

On the bench now for 26 years, Kim Wardlaw tells us about becoming a federal judge and about life on the 9th Circuit. She also weighs in on her circuit’s problems with complaints of sexual harassment in the workplace.

I will admit I often am loathe to reverse a district court judge for an abuse of discretion. As a former district court judge, I believe I have a greater understanding of the complexity of that job, how civil cases take on a life of their own, and the unspoken reasons that may have motivated a particular decision. I also appreciate the dedication it takes to do that job, day in and day out, especially given the district courts' very heavy caseloads. Certainly, I defer greatly on issues like credibility determinations and evidentiary rulings. But it can be an abuse of discretion to read the law incorrectly or to apply the law incorrectly to the facts, which sometimes means we must reverse. That's just our job, and, if we get it materially wrong, I can assure you the Supreme Court will let us know.

The DJ also has Prof. Werner-Simon's No penchant for pot, but a talent for tax: There has been much buzz about the surprising loquaciousness of Supreme Court Justice Clarence Thomas in a statement regarding the denial of certiorari in a recent case. So what are the takeaways?