Feeds:
Posts
Comments

Archive for February 4th, 2010

A Los Angeles County Superior Court judge’s attempt to exact poetic justice out of a proposed gift card settlement has resulted in a censure by the California Commission on Judicial Performance, according to this article from the legal humor blog, Lowering the Bar.  The censure stems from a ruling on a motion for final approval of a settlement that reportedly called for a $125,000 fee for the plaintiffs’ lawyer and $10 gift card for settlement class members.  Judge Brett Klein, filling in for an ill colleague in presiding over the final fairness hearing, had initially approved the settlement only on the condition that the fee also be paid in gift cards (although he apparently later granted reconsideration of that order and the settlement was ultimately approved as originally proposed). 

It sounds like the cult hero status that Judge Klein will have attained among some factions of society as a result of the ruling may have more than compensated for the shame of the public censure, especially since he has since retired from the bench.  But whether or not you think the lawyer got what he deserved, other aspects of the conduct that reportedly led to the censure have to be troubling, such as sarcastic comments to the attorneys during the fairness hearing and “grandstanding” to the press about the order.  It is one thing to believe that “coupon” settlements are unfair and should not be allowed, it is quite another for a judge to publicly mock lawyers and litigants for seeking relief that is within his power to simply deny with dignity and decorum.

Postscript: 2/8/10 – Following my posting of the original article above, a reader sent me the following, which may be of interest to others as well:

If you’re curious what sarcastic remarks the Court made, you can read
the ten examples quoted on pages 3-4 of the official censure order:

One would need to look at the entire 32-page reporter’s transcript to find out
what the attorneys told the Court about the details of the settlement.

Read Full Post »