Unhappy with being told he was a partisan hack, Judge Jones has responded to the drubbing he got from Judge Reinhardt. You can read the response of Judge Jones here. Essentially Judge Jones answers Judge Reinhardt's charges by saying that Judge Reinhardt is everything that Judge Reinhardt says Judge Jones is.
"No, I'm not. You are." is not the most effective form of argument. A better approach might have been to explain the delays between being assigned the case and hearing the motion. Perhaps also with an explanation as to why an additional hearing was scheduled on a date that Judge Jones knew would give the plaintiffs the win they were seeking but would not allow the defendants to appeal. The best approach, as it often is, would have been for Judge Jones to remind himself that he has lifetime tenure and not respond further. But, of course, taking the high road is often no fun.
Adam, great insight and additional background analysis, especially on your prior "What's going on in Nevada?" post --- something I sometimes wondered about when I was officed there.
ReplyDeleteI blogged about 'None of these candidates' as well at http://lawmrh.wordpress.com/2012/08/31/judge-tosses-out-nevadas-none-of-these-candidates-law/#entry and will post a follow up, thanks to this latest dust- up between judges.
At "The Irreverent Lawyer," I also focus on the the tension between judicial
independence and judicial accountability in the context of lifetime tenure, especially with respect to the de facto lifetime tenure perpetuated by the merit selection/judicial retention election system. 'Take the high road'? Not a chance -- when you're insulated, unaccountable and untouchable.
Also see, for example, my article at http://www.albanylawreview.org/article.php?id=497
Having just discovered your blog, I wish you continued success. Keep up the incisive good work!
Mo