Judge rapped for copying lawyer's opinion - Lazy Bush appointee.

[MikeG]

http://post-gazette.com/pg/04239/368172.stm

A federal appeals has tossed out a ruling issued last year by U.S. District Judge Arthur J. Schwab of Pittsburgh after ruling that the judge had copied his opinion, nearly word-for-word, from a memorandum written by one of the attorneys in a case

The 3rd U.S. Circuit Court of Appeals said Schwab made only two substantive changes to the memo, other than minor changes for grammar and style, then signed it as his own opinion.

***

Schwab was appointed to the bench by President Bush and took office in January of 2003. He had only eight months experience when he issued his ruling in the Bright case.

Schwab is perhaps best known as the judge who sentenced comedian Tommy Chong -- of Cheech and Chong fame -- to nine months in prison for conspiring to sell drug paraphernalia.

[The White Tree]

1. What a dope

Pun Intended

:hippie:

[newyawker99]

13. Hi The White Tree!!

Welcome to DU!! :toast:

[sofa king]

2. I'll bet that judge was surprised.

After all, he was following his marching orders to a "T," which is undoubtedly why he was appointed in the first place.

[Judi Lynn]

3. This HAS to be a new one. Plagiarizing another judge!

Pulled off, momentarily, by _Bush's appointee.

Un-kudos to Schwab for his failure to do the right thing in throwing Tommy Chong in prison. No one would have ever guessed someone would be stupid enough to do this.

Maybe people should send their compliments to _Bush on his continuing record of making NO worthwhile choices while squatting in the very house formerly occupied only by ELECTED Presidents.

[MikeG]

4. Here's the link to the opinion of the 3rd Circuit

http://www.ca3.uscourts.gov/opinarch/034320p.pdf

[Supersedeas]

10. thx for link MG--looks more like a waiver of judicial review than laziness

look at the bright side--the judge has a lifetime appointment to hone his review and oversight skills.

[patcox2]

5. Its a little surprising this would be grounds for reversal.

Maybe minor disciplinary action, maybe the rejection of the written opinion itself, as opposed to reversal of the underlying ruling. Judges frequently base their opinions on the briefs submitted; after all, all of the relevant precedent and reasoning is right there. I usually take it as a compliment when the judge copies from my brief in his opinion, it means I was right (which in law means "I convinced the judge to rule in my favor;" one must never confuse being "right" with prevailing in court).

[patcox2]

6. Its not a case of plagiarism, here is the deal.

The trial judge pre-judged the case, thats the problem. At a pre-motion conference, the judge told the appellees that they were going to win, and asked them to right a proposed opinion. This is common, every time you make a motion, you write a proposed form of order, and if you win, the judge signs the order you wrote for him, rather that writing one himself.

The issue here arises from the fact that the judge's request prior to the actual motion date that the appellees draft an opinion was evidence that the judge pre-judged the case. Different thing entirely.

[Surf Cowboy]

8. Orders, yes, Opinions, NO!

Yeah, everyone submits a Proposed Order. I have NEVER heard of a Proposed Opinion.

However, it should be noted that this is likely the fault of the Judge's Clerk, who no doubt pulled a lazy.

[Surf Cowboy]

7. As a member of the Pennsylvania Bar,

[Frodo]

9. Well, THAT makes more sense! Boy, missing that extra "p"

makes a big difference in how you read the title.

[Bread and Circus]

11. Tommy Chong has contributed more to our society and culture...

than that plageurist Judge ever will...

Sorry, but I am a big Cheech and Chong fan.

[Hobarticus]

12. Graduate of the Clarence Thomas School of Law?

Thomas is a lazy judge with no opinions of his own, and look how far he got!