How Appealing Weekly Roundup – Above the Law

(Image
via
Getty)



Ed.
note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“Will
Donald
Trump
Be
Allowed
to
Destroy
His
Records?
A
law
passed
after
Watergate
makes
Presidential
records
government
property;
The
Trump
Administration
has
declared
it
unconstitutional.”
 Ruth
Marcus
has this
essay
 online
at
The
New
Yorker.


“Appeals
Court
Appears
Skeptical
of
Trump
Orders
Targeting
Law
Firms;
A
three-judge
panel
showed
few
signs
of
siding
with
the
president
on
his
efforts
to
compel
law
firms
to
work
for
the
administration
or
face
threats”:
 Zach
Montague
of
The
New
York
Times
has this
report
.


“Todd
Blanche
Is
Wasting
No
Time
in
His
Audition
to
Be
the
Next
Attorney
General;
Aggressive
moves
by
acting
Justice
Department
head
have
won
him
praise
at
the
White
House”:
 Sadie
Gurman
and
C.
Ryan
Barber
of
The
Wall
Street
Journal
have this
report
.


“Former
Oklahoma
death
row
inmate
Richard
Glossip
goes
free
on
$500k
bond”:
 Nolan
Clay
of
The
Oklahoman
has this
report
.


“Trucker
gets
Supreme
Court
support
for
injury
suit
against
freight
broker;
A
2017
tractor-trailer
crash
that
left
one
truck
driver
an
amputee
had
the
justices
questioning
who
should
be
held
liable
for
negligent
hiring
practices”:
 Kelsey
Reichmann
of
Courthouse
News
Service
has this
report
.


“This
Is
Getting
Dangerous”:
 Columnist
Jamelle
Bouie
has this
essay
 online
at
The
New
York
Times.

Morning Docket: 05.15.26 – Above the Law

*
Elon
Musk
leaves
country
despite
judge
in
OpenAI
trial
warning
him
that
he
wasn’t
excused.
[Independent]

*
Clients
don’t
mind
lawyers
working
from
home,
blowing
up
a
key
law
firm
excuse
for
aggressive
back
to
office
drives.
[Roll
on
Friday
]

*
Supreme
Court
allows
mifepristone
telesales
to
continue

suddenly
Alito
and
Thomas
are
very
angry
about
the
shadow
docket.
[NBC
News
]

*
Ethics
lawyer
calls
out
“fundamental
threat”
to
profession
in

DOJ
effort
to
sue
D.C.
Bar

into
refusing
to
enforce
ethical
rules
against
government
lawyers
[National
Law
Journal
]

*
Judge
blocks
Texas
immigration
law
noting
that
“it
is
implausible
to
imagine”
every
state
having
its
own
immigration
law.
[Texas
Tribune
]

*
Wilson
Sonsini
handing
out
big
bucks
to
encourage
pro
bono
work.
[American
Lawyer
]

*
Supreme
Court
says
courts
continue
to
have
power
over
cases
they’ve
sent
to
arbitration.
[Law360]

Chief Justice Malaba bows out, but term extension controversy will define his legacy

HARARE

Chief
Justice
Luke
Malaba
bade
farewell
to
the
bench
at
a
special
sitting
of
the
Constitutional
Court
on
Wednesday,
closing
a
judicial
career
spanning
more
than
four
decades,
though
his
legacy
will
be
forever
shadowed
by
the
controversial
extension
of
his
tenure
that
many
lawyers
and
civil
society
groups
said
undermined
the
very
constitutional
order
he
was
sworn
to
uphold.


Malaba
turns
75
on
Thursday,
the
revised
retirement
age
introduced
after
Zanu
PF
amended
the
constitution
in
2021
to
allow
him
to
remain
in
office
beyond
the
then-limit
of
70,
which
he
had
already
reached
in
May
of
that
year.


The
extension
was
fiercely
contested,
drawing
legal
challenges
and
accusations
that
the
ruling
party
had
manipulated
the
constitution
to
retain
a
favourable
chief
justice
at
a
politically
sensitive
time.


The
controversy
has
never
fully
dissipated,
and
it
hangs
over
an
otherwise
distinguished
career.


Malaba’s
retirement
now
comes
at
another
moment
of
constitutional
tension

Zanu
PF
is
pushing
through
the
Constitutional
Amendment
(No.
3)
Bill,
which
seeks
to
extend
President
Emmerson
Mnangagwa’s
second
and
final
term
from
2028
to
2030,
a
matter
that
has
triggered
several
challenges
before
the
Constitutional
Court.


Born
on
May
15,
1951,
in
Kezi,
Matabeleland
South,
Malaba
obtained
a
law
degree
from
the
University
of
Warwick
in
1974
and
a
second
from
the
University
of
Zimbabwe
in
1982.


He
began
his
legal
career
as
a
prosecutor
before
being
appointed
a
magistrate
in
1984,
serving
in
Masvingo,
Bulawayo
and
Harare
before
rising
to
Regional
Magistrate.


In
1994
he
was
appointed
a
judge
of
the
High
Court,
and
in
2001
elevated
to
the
Supreme
Court
as
a
judge
of
appeal.


Between
2005
and
2016
he
also
served
as
a
judge
of
the
COMESA
Court
of
Justice,
contributing
to
regional
jurisprudence.


In
2008
he
became
the
first
Deputy
Chief
Justice
of
Zimbabwe,
a
position
he
held
until
2017
when
he
was
appointed
Chief
Justice

head
of
the
judiciary,
chairperson
of
the
Judicial
Service
Commission
and
chairperson
of
the
Council
of
the
Judicial
College.


His
bench
appearances
included
the
2016
landmark
Constitutional
Court
judgement
outlawing
child
marriages,
a
ruling
Deputy
Chief
Justice
Elizabeth
Gwaunza,
who
delivered
his
biography
at
Wednesday’s
sitting,
described
as
“a
powerful
affirmation
of
the
rights
and
dignity
of
children
in
Zimbabwe.”


As
chief
justice,
Malaba
championed
the
construction
of
courthouses
across
the
country,
simplified
court
procedures
and
expanded
the
number
of
judicial
officers.


His
most
cited
institutional
achievement
is
the
Integrated
Electronic
Case
Management
System,
launched
in
phases
from
May
2022
and
now
covering
all
superior
courts,
with
rollout
into
the
magistrates’
courts
continuing
beyond
his
retirement.


In
2024,
Zimbabwe
hosted
the
Seventh
Congress
of
the
Conference
of
Constitutional
Jurisdictions
of
Africa,
after
which
Malaba
assumed
the
presidency
of
the
continental
body.


“Your
legacy
is
not
confined
to
the
judgements
you
have
written
or
the
offices
you
have
held,”
Gwaunza
told
him
at
Wednesday’s
sitting.
“It
lives
in
the
systems
you
have
built,
the
standards
you
have
set
and
the
people
you
have
inspired.”


Yet
it
is
the
2021
constitutional
amendment
– 
and
Malaba’s
acquiescence
in
a
process
that
extended
his
own
term

that
critics
say
will
define
how
history
remembers
him.


The
extension
was
challenged
in
the
courts
and
condemned
by
lawyers,
opposition
parties
and
civil
society
as
a
nakedly
political
manoeuvre.
The
episode
raised
enduring
questions
about
judicial
independence
and
whether
the
chief
justice,
by
accepting
the
benefit
of
an
amendment
pushed
through
by
the
executive,
had
compromised
the
integrity
of
the
office
he
held.


Those
questions
were
never
definitively
answered
and
remain
part
of
his
record.


Malaba
retires
to
what
Gwaunza
described
as
two
great
passions:
reading
and
ranching.


He
is
survived,
in
institutional
terms,
by
a
judiciary
whose
independence
will
face
its
next
major
test
in
the
constitutional
battles
over
the
Amendment
Bill
he
leaves
behind.

Several
judges
of
the
Constitutional
Court,
including
Gwaunza,
are
beneficiaries
of
the
“Malaba
Amendment”
after
reaching
the
age
of
70
and
securing
extensions.
In
the
coming
weeks,
they
will
sit
in
judgement
over
Mnangagwa’s
own
attempt
to
stay
on

an
illustration
of
the
judicial
mess
Malaba
leaves
behind.

Malaba
will
be
replaced
by
Gwaunza,
who
becomes
the
country’s
first
female
Chief
Justice.
Justice
Paddington
Garwe
replaces
Gwaunza
as
Deputy
Chief
Justice.

Freight costs threaten Zimbabwe farmers’ livelihoods as Iran war disrupts exports

HARARE

In
a
busy
fresh-produce
packaging
facility
in
northern
Harare,
about
30
women
​in
green
dust
coats
and
matching
caps
grade
sugar
snap
peas
destined
for
dinner
tables
‌in
Europe.

The
mood
in
the
facility
is
cheerful,
but
the
fresh
produce
export
season
has
got
off
to
a
challenging
start
for
these
farmers
after
a
rise
in
freight
costs
due
to
the
Iran
war.

The
war
broke
out
just
as
Kuminda,
a
company
that
​aggregates
produce
from
about
5,000
small-scale
farmers,
was
readying
its
first
sugar
snap
peas
and
mange
​tout
exports
for
the
year.

Exporters
now
have
to
absorb
the
rising
costs
or
⁠risk
derailing
a
recovery
in
Zimbabwe’s
horticulture
sector,
which
set
export
records
last
year
after
decades
of
​rebuilding
following
land
seizures
in
the
early
2000s
under
the
late
former
President
Robert
Mugabe.

Kuminda
is
paying
$3.80
per
kg
to
export
​to
European
markets
this
year,
up
from
$2
to
$2.20
last
year,
because
of
a
rise
in
fuel
costs.

“To
get
products
to
London
and
Amsterdam
is
more
expensive
this
year,”
Kuminda
CEO
Clarence
Mwale
told
Reuters,
adding
that
flight
disruptions
to
the
United
Arab
Emirates
​had
also
affected
shipments
to
that
market.

Zimbabwe
is
a
major
supplier
of
sugar
snap
peas
to
European
markets.
​It
accounts
for
60
percent
of
the
United
Kingdom’s
imports
of
the
vegetable,
according
to
the
British
embassy
in
Harare.
Exports
typically
‌peak
during
⁠the
UK
off-season
between
April
and
October.

Mwale
said
the
cost
surge
had
worsened
Zimbabwe’s
ability
to
compete
with
rivals
such
as
Egypt,
Kenya
and
South
America
in
horticulture
export
markets.

“They
have
more
flight
options.
Their
freight
costs
are
not
nearly
what
we
are
paying
at
the
moment,”
Mwale
said,
adding
that
exporters
were
using
sea
freight,
​which
takes
an
average
of
​30
days,
to
complement
⁠air
cargo.

Zimbabwe’s
horticulture
industry
is
recovering
from
a
period
of
devastation
following
the
government-led
seizures
of
white-owned
farms,
which
triggered
an
economic
collapse
in
​the
country.

Horticulture
exports
reached
a
record
$181.7
million
in
2025,
mostly
driven
by
blueberry
​shipments,
surpassing
the
⁠previous
peak
of
$140
million
in
1999,
just
before
the
farm
seizures,
according
to
trade
agency
ZimTrade.

Mugabe’s
successor,
President
Emmerson
Mnangagwa,
is
championing
the
revival
of
agriculture
and
has
sought
to
improve
relations
with
white
farmers.

The
Horticultural
Development
Council
(HDC)
urged
the
⁠government
to
​offer
support
to
farmers
facing
rising
costs.

“That
support
could
come
through
​targeted
tax
relief,
including
VAT
on
key
inputs
such
as
packaging,
faster
VAT
refunds
to
protect
cashflow
and
measures
to
bring
down
fuel
​costs
by
cutting
levies,”
said
HDC
CEO
Linda
Nielsen.

Reuters

Catholic bishops urge parliament to reject CAB3 in its entirety

HARARE

Zimbabwe’s
Catholic
bishops
have
submitted
a
sweeping
rejection
of
the
Constitution
Amendment
(No.
3)
Bill,
2026,
urging
parliament
to
throw
out
clause
after
clause
of
the
proposed
amendments
and
warning
that
the
bill
erodes
democratic
safeguards,
weakens
institutional
independence
and
undermines
the
sovereign
will
of
the
people.

The
Zimbabwe
Catholic
Bishops’
Conference
(ZCBC),
signed
by
all
seven
bishops
including
both
the
Archbishop
of
Harare
and
the
Archbishop
of
Bulawayo,
filed
its
submission
to
parliament
on
Tuesday,
describing
the
bill
as
a
threat
to
“the
moral
and
institutional
foundations
upon
which
national
life
rests.”

“The
Conference
is
deeply
concerned
that
several
provisions
of
CAB3
undermine
foundational
constitutional
principles,
weaken
institutional
independence,
diminish
direct
democratic
participation,
and
erode
constitutional
safeguards
against
the
concentration
and
abuse
of
power,”
the
bishops
said.

The
bishops
reserved
their
sharpest
language
for
Clause
2,
which
proposes
to
scrap
the
direct
election
of
the
president
by
registered
voters
and
replace
it
with
a
parliamentary
vote,
with
the
Senate
and
National
Assembly
sitting
jointly.

“To
transfer
the
election
of
the
head
of
state
from
citizens
to
parliament
fundamentally
alters
the
source
and
character
of
executive
legitimacy,”
the
conference
said.
“Zimbabwe’s
liberation
struggle
was
deeply
rooted
in
the
principle
of
‘one
person,
one
vote’
and
the
right
of
citizens
to
determine
their
political
leadership
directly.”

The
bishops
rejected
the
government’s
stated
justification
that
the
change
would
reduce
“electoral
toxicity,”
calling
it
“constitutionally
insufficient
to
justify
removing
the
people’s
direct
vote
for
president.”

Should
parliament
insist
on
proceeding,
they
said,
the
matter
must
be
put
to
a
national
referendum.

The
conference
also
firmly
opposed
Clauses
3,
7
and
8,
which
propose
to
extend
both
the
presidential
and
parliamentary
terms
from
five
to
seven
years
and
to
apply
those
extensions
to
current
office
holders.

The
bishops
took
particular
exception
to
the
bill’s
attempt
to
operate
“notwithstanding
section
328(7)”
of
the
constitution

the
provision
that
bars
incumbents
from
benefiting
from
term
limit
amendments
without
a
referendum.

“Parliament
cannot
bypass
entrenched
constitutional
protections
merely
by
inserting
the
phrase
‘notwithstanding
section
328(7)’
into
ordinary
amendment
provisions,”
the
conference
said.
“To
permit
such
an
approach
would
weaken
constitutional
supremacy
itself
and
render
constitutional
safeguards
vulnerable
to
temporary
parliamentary
majorities.”

The
comparative
African
experience,
they
noted,
showed
that
attempts
to
extend
incumbency
through
constitutional
amendments
had
“frequently
contributed
to
democratic
instability,
institutional
weakening,
and
political
tension.”

The
bishops
also
opposed
clause
14,
which
they
said
significantly
weakens
judicial
appointment
safeguards
by
reducing
the
role
of
the
Judicial
Service
Commission
and
increasing
presidential
discretion

changes
they
warned
could
undermine
public
confidence
in
the
independence
of
the
courts.

Clauses
9
to
12,
which
propose
to
transfer
core
electoral
functions
including
voter
registration
and
management
of
the
voters’
roll
away
from
the
Zimbabwe
Electoral
Commission,
drew
an
equally
firm
rejection.

“The
voters’
roll
is
not
merely
an
administrative
register;
it
is
the
foundational
instrument
of
democratic
participation,”
the
conference
said.

Clause
19,
removing
mandatory
consultation
with
the
Judicial
Service
Commission
in
appointing
the
Prosecutor
General,
was
opposed
on
similar
grounds,
with
the
bishops
warning
it
risked
creating
“perceptions
of
excessive
executive
influence
over
prosecutorial
decisions.”

The
submission
also
opposed
clause
20,
which
relaxes
constitutional
restrictions
on
traditional
leaders
participating
in
politics.
The
bishops
said
the
current
protections
were
“essential
safeguards,
particularly
within
rural
communities
where
traditional
leaders
exercise
substantial
social
authority
and
influence,”
and
warned
their
removal
risked
politicising
customary
leadership
and
exposing
vulnerable
communities
to
discrimination.

Clauses
17
and
18,
which
abolish
the
Zimbabwe
Gender
Commission,
and
clause
21,
which
abolishes
the
National
Peace
and
Reconciliation
Commission,
were
both
rejected.

The
bishops
said
scrapping
the
NPRC
was
particularly
troubling
given
that
“Zimbabwe
continues
to
carry
unresolved
historical
wounds
arising
from
political
violence,
social
conflict,
and
past
injustices.”

Beyond
the
substance
of
the
bill,
the
conference
condemned
the
conduct
of
the
public
consultation
process,
citing
“reports
of
intimidation,
suppression
of
dissenting
voices,
disruptions,
and
unequal
participation
opportunities
during
public
hearings.”

“Such
irregularities
undermine
the
integrity
of
the
consultation
process
and
weaken
public
confidence
in
constitutional
reform,”
the
bishops
said.

The
submission
was
signed
by
ZCBC
president
Bishop
Raymond
Mupandasekwa
of
Masvingo,
vice
president
Bishop
Rudolf
Nyandoro
of
Gweru,
Archbishop
R.C.
Ndlovu
of
Harare,
Archbishop
Alex
Thomas
of
Bulawayo,
Bishop
Paul
Horan
of
Mutare,
Bishop
Raphael
Ncube
of
Hwange,
and
Bishop
Eusebius
Nyathi
of
Gokwe.

The
ZCBC
submission
adds
to
a
growing
body
of
opposition
to
the
bill
from
religious,
legal
and
civil
society
organisations.

The
Law
Society
of
Zimbabwe,
the
Zimbabwe
Human
Rights
Commission,
and
the
Zimbabwe
Heads
of
Christian
Denominations
have
all
raised
objections,
while
a
Constitutional
Court
challenge
filed
by
CCC
legislator
Prince
Dubeko
Sibanda
seeking
to
interdict
parliament
from
proceeding
remains
pending.

Parliament
is
set
to
vote
on
the
bill
later
this
month.

Attorney General insists CAB3 referendum an ‘unconstitutional demand

HARARE

Attorney
General
Virginia
Mabhiza
has
declared
that
there
is
no
legal
basis
for
demanding
a
referendum
to
pass
the
Constitution
(Amendment
No.
3)
Bill,
2026,
putting
her
at
direct
odds
with
constitutional
lawyers
and
opposition
parties.

Mabhiza,
speaking
to
journalists
on
Wednesday
days
before
parliament
is
is
set
to
vote
on
the
bill,
insisted
that
section
328(6)
of
the
constitution
adopted
in
2013
is
unambiguous:
a
referendum
is
only
required
for
amendments
touching
Chapter
4
(the
Declaration
of
Rights),
Chapter
16
(Agricultural
Land),
or
section
328
itself.

“I
said
it
before
and
I
want
to
insist

section
328(6)
is
deliberate
and
precise
in
that
it
reserves
the
ultimate
democratic
veto

the
national
referendum

for
only
three
narrowly
defined
categories
of
amendment,”
she
said.

Because
the
Amendment
Bill
touches
none
of
those
protected
provisions,
in
her
view,
parliament
is
constitutionally
required
to
forward
it
to
the
president
for
assent
once
it
secures
the
required
two-thirds
majority
in
both
the
national
assembly
and
the
senate.

“The
constitutional
basis
for
proceeding
without
a
referendum
is
neither
an
option
nor
a
loophole,
section
328(6)
is
very
clear
on
this
aspect,”
Mabhiza
said.

“Any
insistence
on
a
referendum
given
the
current
scenario
is
devoid
of
any
meaningful
legal
basis
and
logic.
It
is
an
unconstitutional
demand.”

The
government’s
position
has
been
rejected
by
leading
lawyers
and
opposition
parties,
who
insist
that
the
amendments
require
a
referendum,
and
even
then
President
Emmerson
Mnangagwa
cannot
benefit
through
the
extension
of
his
term
which
ends
in
2028
to
2030.

The
Amendment
Bill
is
the
most
sweeping
rewrite
of
Zimbabwe’s
2013
constitution
since
its
adoption.
Beyond
extending
the
presidential
term
from
five
to
seven
years
and
allowing
Mnangagwa
to
remain
in
office
until
2030,
two
years
beyond
his
current
and
final
mandate,
the
bill
proposes
a
raft
of
changes
that
critics
say
are
designed
to
manage
Zanu
PF’s
internal
succession
difficulties.

The
bill
scraps
automatic
succession
by
the
vice
president,
replacing
it
with
a
parliamentary
vote
to
fill
a
mid-term
presidential
vacancy.
Under
the
current
constitution,
if
the
president
dies
or
is
incapacitated
in
office,
the
vice
president
assumes
the
presidency,
but
under
the
proposed
changes,
members
of
parliament
would
elect
a
successor.

MPs
would
also
vote
to
extend
their
own
terms
in
line
with
the
longer
presidential
cycle,
moving
from
five-year
to
seven-year
parliamentary
terms,
a
provision
critics
have
noted
gives
sitting
legislators
a
direct
personal
interest
in
passing
the
bill.

The
bill
further
relaxes
restrictions
on
traditional
chiefs
participating
in
politics,
a
change
that
raises
concerns
about
the
politicisation
of
customary
leadership
structures
that
are
constitutionally
required
to
be
impartial.

Taken
together,
opponents
argue
the
amendments
amount
to
a
constitutional
coup

restructuring
the
state
to
serve
Zanu
PF’s
factional
interests
under
the
guise
of
administrative
reform.

Constitutional
law
expert
Justice
Mavedzenge
has
advanced
a
sharply
different
reading,
anchored
in
section
328(7),
the
provision
Mabhiza
does
not
address
in
her
statement.

“The
real
purpose
behind
this
bill,
this
planned
constitutional
coup,
is
to
simply
manage
the
internal
Zanu
PF
succession
processes,”
Mavedzenge
has
argued.

Section
328(7)
provides
that
where
a
constitutional
amendment
seeks
to
change
a
“term
limit
provision”
and
has
the
effect
of
extending
the
length
of
time
a
person
may
hold
office,
a
national
referendum
is
mandatory,
and
the
incumbent
cannot
benefit.

“The
bill
presented
before
us
seeks
to
amend
section
95
subsection
2(b)
of
the
constitution
by
increasing
the
term
of
office
for
the
president
from
five
to
seven
years,
and
to
allow
the
current
president
to
continue
in
office
beyond
2028
until
2030.
This
is
not
my
interpretation.
It
is
what
is
written
in
the
bill,”
he
said.

The
central
legal
dispute
turns
on
whether
section
95(2)(b)

which
sets
the
presidential
term
at
five
years

qualifies
as
a
“term
limit
provision”
within
the
meaning
of
section
328.
Mavedzenge
says
it
plainly
does.

The
constitution
defines
a
term
limit
provision
as
“a
provision
of
this
constitution
which
limits
the
length
of
time
that
a
person
may
hold
or
occupy
office.”

“It’s
critical
to
clarify
that
a
term
limit
provision
is
not
about
the
number
of
times
that
a
person
may
hold
office
necessarily,
but
the
length
of
time
that
a
person
may
occupy
the
office,”
he
argues.
“Section
95(2)(b)
defines
the
length
of
time
the
president
can
occupy
that
office.
It
sets
the
term
at
five
years.
I
don’t
know
why
there
is
confusion
about
this.”

The
bill
has
drawn
opposition
from
church
leaders,
the
Law
Society
of
Zimbabwe,
the
Zimbabwe
Human
Rights
Commission,
opposition
parties,
and
civil
society
organisations,
many
of
whom
have
argued
that
a
referendum
is
constitutionally
required.

Mabhiza’s
statement
represents
the
government’s
determined
push
to
steer
the
country
from
a
referendum
whose
outcome
it
cannot
predict.

The
attorney
general’s
position
is
binding
on
government
departments,
though
it
does
not
preclude
the
courts
from
ruling
differently.

A
Constitutional
Court
challenge
filed
by
CCC
legislator
Prince
Dubeko
Sibanda,
which
seeks
to
interdict
parliament
from
proceeding
with
the
bill,
is
pending.

Just Go Along With It Or Else – See Also – Above the Law

The
DOJ’s
Might
Makes
Right
Biglaw
EO
Argument
Isn’t
Very
Persuasive:
They’re
shaming
lower
courts
for
not
bowing
to
presidential
authority,
legitimate
or
not.
That
Did
Not
Please
The
Court:
Judge
shames
Lisa
Hsiao
for
“reckless
disregard
for
the
duty
of
candor
owed
to
a
federal
court.”
Holding
The
Accountability
Accountable:
DOJ
sues
D.C.
Bar
for
doing
its
job
of
holding
lawyers
to
ethical
rules.
Judge
Orders
Former
Executive
Director
To
Return
Over
$1M
To
Nonprofit:
The
money
was
earmarked
for
housing
generally,
not
his
house
specifically.
Gotta
Get
A
Government
Gig:
These
law
schools
have
great
government
job
placements!

Biglaw Partners Aren’t Ready To Hand Over The Keys To Private Equity Just Yet – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature, Quote
of
the
Day
.


In
most
cases,
partners
will
need
to
be
persuaded
not
only
that
PE
investment—and
giving
up
a
degree
of
equity
and
control
to
outside
investors—is
in
the
firm’s
best
interests,
but
that
it
represents
the
best
available
alternative
for
achieving
the
partnership’s
aspirations
.



—  Kent
Zimmermann,
co-chair
of
the
Zeughauser Group,
in
comments
given
to
the

American
Lawyer
,
concerning
what
needs
to
happen
at
a
law
firm
before
a
private
equity
deal
to
sell
of
a
portion
of
the
firm’s
business
can
be
approved.
Zimmerman
went
on
to
note
that
partners
will
likely
have
questions
about
clients
and
rates,
and
that
“they
will
expect
compelling,
evidence-backed
answers
that
they
can
live
with
while
preserving
the
kind
of
culture
they
want
to
have
in
their
firm.”





Staci
Zaretsky
 is
the
managing
editor
of
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to email her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Ethics Questions Persist After Federal Judge Sentenced To Probation In DUI Case – Above the Law

When
we
last
checked
in
with
Judge
Thomas
L.
Ludington (E.D.
Michigan),
the
federal
jurist
had

entered
a
no
contest
plea

to
a
misdemeanor
drunk
driving
charge
after
having
been accused
of
driving
“super
drunk”
 in
an
October
incident
that
brought
about
judicial
misconduct
complaint
.
Back
in
February,
he
opted
to
take
voluntary
leave
of
absence
 from
the
bench
while
his
case
moved
forward.
Now,
we
have
another
update:
earlier
this
week,
Ludington
was
sentenced
to
six
months
of
probation
and
ordered
to
pay
$1,175
in
fees
and
costs. 

As
noted
by

Reuters
,
Ludington’s
attorney,
Jonathan
B.
Steffy
of
Harris
Law,
said
in
a
written
statement
that
“Judge
Ludington
apologized
again
in
court
today,
to
the
Judge
and
to
the
community
​for
the
concern
this
issue
has
caused,”
that
the
judge
was
thankful
no
one
was
injured,
and
that
with
this
case
now
behind
him,
the
judge
“commits
to
continuing
his
​career
of
service:
focusing
on
his
work
and
his
family.”

Fix
the
Court,
the
nonpartisan
group
that
filed
the
misconduct
complaint
against
the
judge,
doesn’t
think
that
Ludington
should
have
it
so
easy.
Here’s
a
statement
released
by
Gabe
Roth,
the
organization’s
executive
director: 

“I
fail
to
understand
how
Ludington
believes
he
can
simply
waltz
back
into
his
chambers
and
resume
his
job
as
if
no
drunk-driving
incident
happened,
which
is
what
his
attorney’s
statement
suggests
he’s
planning
to
do.

“That
Ludington
apparently
hid
his
arrest
from
his
colleagues
for
months
does
not
speak
well
of
his
character.
Had
he
come
clean
immediately
after
the
incident
and
begun
to
take
remedial
steps,
like
entering
rehab
or
AA,
I’d
feel
much
more
confident
that
he
could
return
to
performing
his
duties.
The
crime
was
bad,
but
so,
too,
was
the
coverup,
and
neither
should
be
swept
under
the
rug.”

Although
the
criminal
case
against
Judge
Ludington
is
now
closed,
Fix
the
Court’s
ethics
complaint
against
him
remains
open.


Michigan
federal
judge
sentenced
to
probation
for
drunken
driving

[Reuters]


Earlier
:

Judge
Accused
Of
Driving
‘Super
Drunk’
Takes
No
Contest
Plea


Federal
Judge
Accused
Of
Driving
‘Super
Drunk’
Crashes
Into
Judicial
Misconduct
Complaint


Federal
Judge
Accused
Of
Driving
‘Super
Drunk’
Takes
‘Voluntary’
Leave
From
The
Bench


‘A,
B,
C,
D,
F,
U’:
Field
Sobriety
Test
For
Federal
Judge
Who
Allegedly
‘Urinated
Himself’
Goes
Remarkably
Off
Script
Federal
Judge
Arrested,
Accused
Of
Driving
While
‘Super
Drunk’





Staci
Zaretsky
 is
the
managing
editor
of
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to email her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.