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Mathews: The ugly lessons of California's longest-serving federal judge The Bakersfield Californian: Web Edition
Articles (CA) August 3, 2019 Saturday

1 of 15 DOCUMENTS

The Bakersfield Californian: Web Edition Articles (CA)

August 3, 2019 Saturday

Mathews: The ugly lessons of California's longest-serving federal judge


BYLINE: Joe Mathews

SECTION: OPINION

LENGTH: 756 words

Let's not rejoice at Manuel Real's death. But his passing offers some good news: California's most troublesome federal
judge is off the bench.
While federal judges are appointed for life, the fact that it required death to retire Real is a scandal that survives him.
The 53-year career of Real—the nation's longest-serving active judge—offers ugly lessons about the character,
impunity and impotence of our leaders.
If those first two paragraphs seem harsh, it may be because you read the ludicrously glowing obituaries following
Real's death this summer. The New York Times, L.A. Times, Associated Press and legal publications portrayed his
career as that of a judicial giant. Appointed to the bench by LBJ in 1966, Real courageously ordered the desegregation
of Pasadena schools in the early '70s and blocked President Trump's efforts to strip funds from local police departments
that don't cooperate with federal immigration enforcement.
"A towering legal figure," the L.A. Times called him. Stories approvingly quoted a statement from Central District of
California Chief Judge Virginia A. Phillips calling Real the court's "heart and soul" and adding, "His legacy of public
service is an inspiration beyond compare."
Real's record is incomparable, but let's pray it's not an inspiration.
What the obituaries missed was Real's routinely awful treatment of people in his courtroom and a decision-making
style so rushed and lawless that he was routinely reversed by higher courts. In 2006, Congress even held a hearing about
impeaching him.
I'm from Pasadena, and I've known Real's name since I was a kid, given his heroic role in the desegregation case. So it
was a shock when, as an L.A. Times journalist, I covered hearings in his courtroom. I have never seen a judge as
tyrannical as Real. He's the only judge to ever threaten me with contempt. For what? I still don't know. I was quietly
sitting, taking notes.
Real sometimes justified his behavior in the name of speed and efficiency. But his behavior encouraged disrespect for
the law. He prevented jurors from taking notes or having courtroom testimony read back to them. He often yelled or cut
off questioning of witnesses in nonsensical ways.
When challenged, he repeated a bizarre mantra: "Counsel, this is not Burger King! In this courtroom, we do it my
way!"
Real "created a courtroom of terror," attorney Victor Sherman once told the L.A. Times.
"I'm sorry, but he acts like a 5-year-old with power," attorney Harland Braun once told The Nation.
That Real was a menace was no secret, but no one could knock him off the bench. Not his fellow judges, who
witnessed his difficult tenure as the central district's chief judge. Not the U.S. 9th Circuit Court of Appeals judges who
repeatedly reversed him (in two-thirds of major cases) and frequently removed him from cases during which he ignored
their orders.
Page 3
Mathews: The ugly lessons of California's longest-serving federal judge The Bakersfield Californian: Web Edition
Articles (CA) August 3, 2019 Saturday

Real survived his own mismanagement of the assets of Philippine dictator Ferdinand Marcos. And he wasn't even
kicked off the bench after his lawless 2000 takeover of a bankruptcy case involving a woman whose probation he
personally oversaw. A U.S. Supreme Court commission on judicial misconduct would later cite the episode as a failure
of accountability. But federal judges police their own, and Real escaped with a reprimand. Appallingly, in his later
years, other judges even honored him.
Real was unrepentant. In one of several LA Times stories about his misconduct, Real said: "The best thing about being
a judge is the nature of the service you think you're rendering. The worst thing, probably, is the inability to come down
off the bench and punch somebody in the nose."
So why did Manuel Real get the generous judgment in death that he denied others in court?
Part of it is the human reluctance to criticize the deceased. Real also could be charming and public-spirited outside
court; a school is named for him in Riverside County, where he helped establish a school district.
But there are other, more troubling explanations. First, in these politicized times, we have the bad habit of conflating
ideology—Real was a liberal—with character. Second, the American system provides no practical way to remove
people who violate norms and abuse power, be they federal judges or—as today's news demonstrates—president of the
United States.
Even after his death, those who know better won't challenge Real. If you're expecting judges to protect us from tyrants,
you'll be disappointed.
Joe Mathews writes the Connecting California column for Zócalo Public Square.

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Web Publication

Copyright 2019 TBC Media


Distributed by Newsbank, Inc. All Rights Reserved
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GOV. ABBOTT APPOINTS BOURESSA TO 471ST JUDICIAL DISTRICT COURT US State News August 2, 2019
Friday 6:23 PM EST

2 of 15 DOCUMENTS

US State News

August 2, 2019 Friday 6:23 PM EST

GOV. ABBOTT APPOINTS BOURESSA TO 471ST JUDICIAL DISTRICT


COURT
LENGTH: 194 words

AUSTIN, Texas, Aug. 2 -- Gov. Greg Abbott, R-Texas, announced the following appointment:
Governor Greg Abbott has appointed Andrea Bouressa Judge of the 471st Judicial District Court in Collin County,
effective September 1, 2019, for a term set to expire on December 31, 2020, or until her successor shall be duly elected
and qualified.
Andrea Bouressa of Murphy is an associate at Scheef & Stone, LLP in Frisco. She is a member of the State Bar of
Texas, Collin County Bar Association, and the Collin County Women Lawyers Association and a member, former
director and former treasurer of the Texas Aggie Bar Association. Additionally, she is a member of The Federalist
Society, and the Boggess Elementary PTA and a board member of the Collin County Christian Prayer Breakfast.
Bouressa received a Bachelor of Science sociology and a minor in psychology from Texas A&M University, a
Master of Science in sociology from the University of North Texas, and a Juris Doctor degree from Southern Methodist
University Dedman School of Law. For any query with respect to this article or any other content requirement, please
contact Editor at contentservices@htlive.com

LOAD-DATE: August 5, 2019

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JSC begins investigating the chief judge of the Criminal Court Miadhu (Maldives) August 1, 2019 Thursday

3 of 15 DOCUMENTS

Miadhu (Maldives)

August 1, 2019 Thursday

JSC begins investigating the chief judge of the Criminal Court


LENGTH: 81 words

Judicial Service Commission of the Maldives has begun investigating Ahmed Hailam the chief judge of the Criminal
Court.
The Commission did not reveal the details of the case. Ahmed Hailam was appointed to the bench of the court in
January 2018. He was made the chief judge of the court in mid-2018.
Judge Hailam is also presiding over President Yameen's case.
The JSC has also begun investigating another case of Judge Abdullah Didi of the Supreme Court. Abdullah Didi is
abroad at the moment.

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Newspaper

Copyright 2019 Miadhu


All Rights Reserved
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'Tremendously Underqualified': Fmr. Solicitor General Bashes Trump Judges LawZ August 5, 2019 Monday

4 of 15 DOCUMENTS

LawZ

August 5, 2019 Monday

'Tremendously Underqualified': Fmr. Solicitor General Bashes Trump Judges


LENGTH: 435 words

DATELINE: New Delhi, 2019-08-05 14:51:38

August 05 -- Senate last week confirmed 13 new presidentially appointed judges to the bench, running the total
number of judges confirmed under President Donald Trump to a staggering 144, a number that could reshape federal
courts for a generation. While all judicial appointments must be approved by a majority of the Republican controlled
Senate, Neal Katyal, the former Acting Solicitor General under President Barak Obama, addressed Trump's choices to
fill judicial vacancies, noting that several of them were "tremendously underqualified."

Appearing on MSNBC's The Beat, host Ari Melber began by pointing out that in November, Senate Majority Leader
Mitch McConnell made clear that appointing federal judges was his "top priority," saying that Senate Republicans
intended to "keep confirming as many [judges] as we possibly can for as long as we're in a position to do it."

Asked about his thoughts on McConnell's tactics in preventing Obama from appointing judges, Katyal criticized the
Kentucky Senator's actions as amounting to "obstruction."
"I think this a huge story and McConnell - it's not just the Supreme Court obstruction of the seat that Merrick Garland
was to fill - it's the fact that he left 103 judgeships unfilled so that Trump can fill them, and so the numbers are really
frightening," Katyal said.
"Trump has gotten confirmed 144 judges at this point in his presidency, while Obama had 91. And in the circuit courts -
the courts of appeal - where a lot of the important stuff is decided [such as] environmental, labor, employment, all that
stuff, Trump has had 43 judges confirmed, the most in history," he said, adding "Obama had 19."
Katyal then weighed-in on the latest slew of lifetime judicial appointments, saying several of them were "tremendously
unqualified" for their positions.
"I think that Presidents, when they win, should have deference in the judges they appoint and the Senate should defer to
it, but a lot of these folks are tremendously unqualified, Katyal said."I mean 11 of 19 of the judges Trump wants to put
up in this latest batch, wouldn't even tell you if Brown v. The Board of Education was rightly decided. I mean, who are
we putting up for these lifetime appointments. These are some pretty darn unqualified people, particularly at the trial
court level, and I can't understand for the life of me why Democrats aren't talking about this at every turn."
Katyal, who was named Litigator of the Year by American Lawyer magazine in 2016 and 2017, recently surpassed
Thurgood Marshall as having argued more Supreme Court cases than any minority attorney in U.S. history.

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Magazine

Copyright 2019 FFC Information Solution Private Limited


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YOUNG OP-ED: INDIANA COURTS AT FULL STRENGTH FOR FIRST TIME IN YEARS States News Service
August 5, 2019 Monday

5 of 15 DOCUMENTS

States News Service

August 5, 2019 Monday

YOUNG OP-ED: INDIANA COURTS AT FULL STRENGTH FOR FIRST


TIME IN YEARS
BYLINE: States News Service

LENGTH: 661 words

DATELINE: INDIANAPOLIS

The following information was released by Indiana Senator Todd Young:


Indianas judges will apply the facts of the case to the law of the land and not make or break precedent based on personal
feelings or policy preferences.
INDIANAPOLIS In an op-ed for the Indianapolis Star, U.S. Senator Todd Young (R-Ind.) highlights Indianas recently
confirmed federal judges.
Republicans in the United States Senate have confirmed a total of 121 of Trumps judicial appointments to the bench.
That includes two Supreme Court justices Neil Gorsuch and Brett Kavanaugh, Senator Young writes . The makeup of
the courts will matter immensely in coming years. As difficult cases work their way through the system, I take comfort
in knowing that Indianas judges will apply the facts of the case to the law of the land and not make or break precedent
based on personal feelings or policy preferences. When it comes to the judicial branch, theres too much at stake.
Read the full op-ed here and below.
Sen. Todd Young: Indiana courts at full strength for first time in years
The Indianapolis Star
By: U.S. Senator Todd Young (R-Ind.)
August 4, 2019
https://www.indystar.com/story/opinion/2019/08/04/sen-todd-young-indiana-courts-full-strength-first-time-
years/1899722001/
When Damon Leichty Indianas newest district court judge was confirmed on July 11, our state had for the first time in
years a full slate of federal judges.
When I was sworn into office in January 2017, there were four vacancies on the bench in Indiana. A few months later, a
fifth seat came open.
This was bad news for our state. Indianas two district courts have been overloaded with cases. Things were especially
bad in the Southern District basically everything south of Kokomo which had to borrow judges from Wisconsin to
handle some of our cases.
As Dr. Martin Luther King Jr., said, Justice too long delayed is justice denied.
But these vacancies also presented an opportunity. Most Hoosiers believe as I do that our federal judges should follow
the Constitution as written, and I vowed as a candidate to seek out judges who would not legislate from the bench. So
finding qualified judges was among my first orders of business.
How did we do this?
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YOUNG OP-ED: INDIANA COURTS AT FULL STRENGTH FOR FIRST TIME IN YEARS States News Service
August 5, 2019 Monday

We put out a call for the best legal minds in Indiana. We literally posted the job online and started screening applicants.
From that applicant group, we sent the best names to President Trump. These are names most Hoosiers dont know, but
can be proud of for their relentless adherence to the rule of law.
Amy Coney Barrett was a Notre Dame law professor and mother of seven who is now on the 7th Circuit Court of
Appeals. She had unanimous support from her fellow law professors, students, and former fellow clerks, but she came
under fire from Senate Democrats simply because she is a practicing Catholic. The Constitution prohibits religious tests
for these positions, but you can count that among the provisions in that document that the far left doesnt like.
Nevertheless, Barrett was confirmed and has already been talked about as a future Supreme Court Justice.
In the Northern District, Leichty and Judge Holly Brady bring years of legal practice and the right judicial temperament
to the bench.
In the Southern District, J.P. Hanlon and James Sweeney have already begun helping alleviate the backlog of cases,
though experts agree we need more judges serving this district.
Indiana is not the exception. It is the rule. Republicans in the United States Senate have confirmed a total of 121 of
Trumps judicial appointments to the bench. That includes two Supreme Court justices Neil Gorsuch and Brett
Kavanaugh.
The makeup of the courts will matter immensely in coming years. As difficult cases work their way through the system,
I take comfort in knowing that Indianas judges will apply the facts of the case to the law of the land and not make or
break precedent based on personal feelings or policy preferences.
When it comes to the judicial branch, theres too much at stake.

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Newswire

Copyright 2019 States News Service


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6 of 15 DOCUMENTS

KUNM

http://ct.moreover.com/?a=39871341323&p=2a4&v=1&x=39oPR77XPM3qjclHc6N9hA

August 5, 2019 Monday

Trump's Impact On Federal Courts: Judicial Nominees By The Numbers

LENGTH: 913 words

President Trump can be a master of distraction, but when it comes to judges, his administration has demonstrated
steely discipline. In the 2 1/2 years that Trump has been in office, his administration has appointed nearly 1 in 4 of the
nation's federal app...
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COMMUNITY BRIEFS THE DALLAS MORNING NEWS August 3, 2019 Saturday

7 of 15 DOCUMENTS

THE DALLAS MORNING NEWS

August 3, 2019 Saturday


1 EDITION

COMMUNITY BRIEFS
SECTION: METRO & STATE; Pg. B08

LENGTH: 247 words

COLLIN COUNTY
Abbott appoints Hill
to retirement board
Gov. Greg Abbott has appointed Collin County Judge Chris Hill to the Texas County and District Retirement System
Board of Trustees for a term ending Dec. 31, 2021.
The board oversees the retirement system for employees and retirees of more than 780 counties and districts, including
hospital districts, water districts, emergency services districts and appraisal districts.
Hill has been county judge since 2018; he became a commissioner in 2013.
Staff reports
DALLAS
Breastfeeding fair set
for Tuesday at Parkland
To help educate families about the benefits of breastfeeding, Parkland Memorial Hospital will host a free breastfeeding
fair from 11 a.m. to 3 p.m. Tuesday.
Among participating groups will be Mother's Milk Bank of Texas, the Family Place, the Dallas County health
department, and Parkland's Women and Infants' Specialty Health division.
The event, which is open to the public, will be held in the private dining room at Parkland, 5200 Harry Hines Blvd. in
Dallas. To learn more, visit www. parklandhospital.com.
Staff reports
MESQUITE
Animal shelter offering
$10 adoptions Saturda
The Mesquite Animal Shelter is offering discounted dog adoptions of $10 in exchange for donating a jar of peanut
butter or jelly for distribution to local food pantries.
The campaign, which ends Saturday, is a benefit for Sharing Life Community Outreach and Mesquite Social Services.
The shelter is also running a $5 cat adoption special.
Page 17
COMMUNITY BRIEFS THE DALLAS MORNING NEWS August 3, 2019 Saturday

Staff reports

LOAD-DATE: August 4, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Newspaper

Copyright 2019 THE DALLAS MORNING NEWS


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The ugly lessons of a federal judge Visalia Times-Delta (California) August 5, 2019 Monday

8 of 15 DOCUMENTS

Visalia Times-Delta (California)

August 5, 2019 Monday


1 Edition

The ugly lessons of a federal judge


SECTION: NEWS; Pg. A7

LENGTH: 806 words

Growing up in Pasadena, I knew Manuel Real's name, given his heroic role in the desegregation case. So it was a shock
when, as an L.A. Times journalist, I covered hearings in his courtroom. I have never seen a judge as tyrannical as Real.
Let's not rejoice at Manuel Real's death. But his passing offers some good news: California's most troublesome federal
judge is off the bench. While federal judges are appointed for life, the fact that it required death to retire Real is a
scandal that survives him. The 53-year career of Real - the nation's longest-serving active judge - offers ugly lessons
about character, impunity, and the impotence of our leaders.
If those first two paragraphs seem harsh, it may because you read the ludicrously glowing obituaries following Real's
death this summer. The New York Times, L.A. Times, Associated Press and legal publications portrayed his career as
that of a judicial giant. Appointed to the bench by LBJ in 1966, Real courageously ordered the desegregation of the
Pasadena schools in the early 1970s, and blocked President Trump's efforts to strip funds from police departments that
don't cooperate with federal immigration enforcement.
"A towering legal figure," the L.A. Times called him. Stories approvingly quoted a statement from Central District of
California Chief Judge Virginia A. Phillips calling Real the court's "heart and soul" and adding: "His legacy of public
service is an inspiration beyond compare."
Real's record is incomparable, but let's pray it's not an inspiration.
What the obituaries missed was Real's routinely awful treatment of people in his courtroom, and a decision-making
style so rushed and lawless that he was routinely reversed by higher courts. In 2006, Congress even held a hearing about
impeaching him.
Growing up in Pasadena, I knew Real's name, given his heroic role in the desegregation case. So it was a shock when,
as an L.A. Times journalist, I covered hearings in his courtroom. I have never seen a judge as tyrannical as Real.
Real sometimes justified his behavior in the name of efficiency. But his behavior encouraged disrespect for the law. He
prevented jurors from taking notes or having courtroom testimony read back to them. He often yelled or cut off
questioning of witnesses in nonsensical ways. When challenged, he repeated a bizarre mantra: "Counsel, this is not
Burger King! In this courtroom, we do it my way!" Real "created a courtroom of terror," attorney Victor Sherman once
told the L.A. Times.
That Real was a menace was no secret, but no one could knock him off the bench. Not colleagues who saw his difficult
tenure as the central district's chief judge. Not the U.S. 9th Circuit Court of Appeals judges who reversed him at record-
high rates (in two-thirds of major cases, according to one analysis) and repeatedly removed him from cases during
which he ignored their orders and violated basic procedures. He even survived mismanaging the assets of Philippine
dictator Ferdinand Marcos in one case.
Real wasn't even kicked the bench after his lawless 2000 takeover of a bankruptcy case involving a woman whose
probation he personally oversaw. A U.S. Supreme Court commission would later cite Real as exemplifying an
unaccountable judge. But federal judges police their own, and Real escaped that episode with a reprimand. Appallingly,
in his later years, other judges honored him.
Page 20
The ugly lessons of a federal judge Visalia Times-Delta (California) August 5, 2019 Monday

Real was unrepentant. In one of several LA Times stories about his misconduct, Real said: "The best thing about being a
judge is the nature of the service you think you're rendering. The worst thing, probably, is the inability to come down off
the bench and punch somebody in the nose."
So why did Manuel Real get the generous judgment in death that he denied others in court?
One reason is the human reluctance to criticize the deceased. Real also could be charming and public-spirited outside
court; a school is named for him in Riverside County, where he helped establish a school district.
But there are other, more troubling explanations. First, in these politicized times, we have the bad habit of conflating
ideology - Real was a liberal - with character. Second, the American system provides no practical way to remove people
who violate norms and abuse power, be they federal judges or - as today's news demonstrates - president of the United
States.
Even after his death, those who know better won't challenge Real. If you're expecting judges to protect us from tyrants,
you'll be disappointed.
Joe Mathews writes the Connecting California column for Zócalo Public Square.
Growing up in Pasadena, I knew Manuel Real's name, given his heroic role in the desegregation case. So it was a shock
when, as an L.A. Times journalist, I covered hearings in his courtroom. I have never seen a judge as tyrannical as Real.
Connecting California
Joe Mathews
Columnist

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

GRAPHIC: Connecting California


Joe Mathews
Columnist

PUBLICATION-TYPE: Newspaper

JOURNAL-CODE: vis

Copyright 2019 Visalia Times-Delta


All Rights Reserved
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Preaching retd judges seldom look back at their conduct during judgeship Times of India (Electronic Edition) August 5,
2019 Monday

9 of 15 DOCUMENTS

Times of India (Electronic Edition)

August 5, 2019 Monday


Delhi Edition

Preaching retd judges seldom look back at their conduct during judgeship
BYLINE: Dhananjay.Mahapatra@timesgroup.com

SECTION: TIMES NATION

LENGTH: 1046 words

LEGALLY SPEAKING
All judges, who have illuminated jurisprudence with landmark judgments, have to retire. Post-retirement, most do not
carry the halo of their popular judgments. They prefer the quietness of retired life without attempting to bask in the
reflected glory of their judgments.
They prefer fading into the evening of their lives, eschewing the lure of pontification. They do not need appreciative
claps at public lectures by holding forth on 'judging the judges', a popular contemporaneous topic. They carry with
them, into their retirement, judicial discipline, rectitude and a sanguine disposition without forgetting the cardinal truth
- 'to err is human'.
They know that for every finger they point at judges or the judicial system, four will point back at them. Despite their
brilliance and fame earned through eloquent judgments, they are not popular with social activists or activist lawyers.
They seldom got invited to deliver lectures for they lack the ability to preach. But there are exceptions.
Justice Ajit Prakash Shah recently delivered a 25-page lecture on 'Judging Judges: Need for Accountability and
Transparency'. He was appointed as an additional judge in Bombay high court by the P V Narasimha Rao government
(there was no collegium system then) on December 18, 1992, after consultation with Justice L M Sharma, who was
Chief Justice of India from November 18, 1992 to February 11, 1993.
In his lecture, Justice Shah was right when he said, "Judges do not have pre-set moral codes embedded in their brains
that dictate their behaviour the moment they sit on the bench. Indeed, they are as human as the lawyers, plaintiffs,
defendants, criminals, witnesses and police before them. To attribute a greater morality to them merely because of the
nature of their office is false and dangerous."
Justice Shah became chief justice of Madras HC on November 12, 2005, and on May 7, 2008, he was appointed CJ of
Delhi HC, the constitutional post from which he retired on February 12, 2010. As CJ of Delhi HC, he shot into fame
with his pioneering
judgment in July 2009 decriminalising Section 377 of Indian Penal Code, which for more than a century punished the
LGBT community.
After the judgment, he became the most talked about judge in the country and a darling of social activists, activist
lawyers and, of course, the media. Despite the brilliant judgment and years as chief justice of two prominent HCs, he
failed to earn a berth in the Supreme Court as a judge.
By the time he entered the zone of consideration for selection as an SC judge, the collegium system was well entrenched
and appointments to the apex court were made collectively by the CJI and his four most senior colleagues.
The collegium considered his name a few times, but not favourably. We do not know whether it riled him. But the two
categories of activists lost no time in making a villain out of Justice S H Kapadia for opposing Justice Shah's elevation.
Page 23
Preaching retd judges seldom look back at their conduct during judgeship Times of India (Electronic Edition) August 5,
2019 Monday

Activists circulated stories of alleged differences between Justices Kapadia and Shah from their Bombay HC days as the
reason for the former's opposition to Shah's elevation to the SC. Only a few knew what actually dissuaded the SC
collegium from recommending Justice Shah's name to the government -- a four-page letter dated September 12, 2008,
by advocates of Madras HC giving details of allegations against Justice Shah and opposing his appointment as an SC
judge.
The advocates had sent the letter to then President Pratibha Patil, then Vice-President Hamid Ansari, then PM
Manmohan Singh, then CJI K G Balakrishnan and his colleagues Justices B N Agrawal, Ashok Bhan, Arijit Pasayat and
Kapadia.
What holds true for the 2008 complaint against Justice Shah is his own statement in the recent lecture, "Without passing
judgment on the truth or falsity of the allegations, I must admit there are certain stark facts that stand out which demand
consideration."
The 2008 complaint talked about a film actress and also about chamber hearing, instead of open court hearing, in a case
relating to a builders' lobby and how a property worth hundreds of crores of rupees was sold for a song. The advocates
had earnestly requested for "a proper inhouse inquiry or proper investigation" into the allegations. Then CJI
Balakrishnan did not order an inquiry.
No social activist or activist lawyer ever demanded an inquiry, as it would have dimmed the judge's halo that was
shining bright with effusive praise for his LGBT judgment. No doubt, he was a fine judge. But didn't he have his
failings?
That is why Justice Shah probably said in his lecture, "Judges must be constantly reminded of what is appropriate
behaviour throughout their career, so that the role that is cast upon them -- of administering impartial justice -- is never
compromised."
In its July 18, 2018, judgment in Shanti Bhushan vs Supreme Court, the apex court expanded on 'what a judge should
be'. Justice A K Sikri wrote, "We live in an age of accountability. What is required of judges is changing. Judgments of
the courts are widely discussed, debated and even criticised. In this age of technology, open society and liberal
democracy, coupled with varied nature of cases raising complex issues which are decided by the courts, including 'hard
cases', any outcome whereof may be susceptible to criticism, as both views may appear to be equally strong.
"In that sense, judiciary walks the tightrope of independence. It has also become a regular feature that even laymen, who
are constitutionally illiterate, enter such debate and evaluate the outcomes influenced by their emotions, rather than on
legal or constitutional principles.
"The world is changing fast. However, the fundamental qualities which the public seek in a judge have remained the
same, as these are eternal verities, which will never change. These are wisdom, patience, a sense of practical reality,
fairness and balance, independence of mind and knowledge of law, moral courage or fortitude, and a total commitment
that justice should be administered according to law. At the end of the day, it is the virtue of righteousness, impartiality,
objectivity and scholarship which a judge commands to ensure respectability to his judgment." That is too idealistic,
Justice Shah will agree even long after his retirement.

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Newspaper

Copyright 2019 Bennett Coleman & Co. Ltd.


All Rights Reserved
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Preaching ex-judges rarely look back at their conduct Times of India (Electronic Edition) August 5, 2019 Monday

10 of 15 DOCUMENTS

Times of India (Electronic Edition)

August 5, 2019 Monday


Kolkata Edition

Preaching ex-judges rarely look back at their conduct


BYLINE: Dhananjay.Mahapatra@timesgroup.com

SECTION: TIMES NATION

LENGTH: 794 words

LEGALLY SPEAKING
All judges, who have illuminated jurisprudence with landmark judgments, have to retire. Postretirement, most do not
carry the halo of their popular judgments. They prefer the quietness of retired life without attempting to bask in the
reflected glory of their judgments.
They prefer fading into the evening of their lives, eschewing the lure of pontification. They do not need appreciative
claps at public lectures by holding forth on 'judging the judges', a popular contemporaneous topic. They carry with
them, into their retirement, judicial discipline, rectitude and a sanguine disposition without forgetting the cardinal truth
- 'to err is human'.
They know that for every finger they point at judges or the judicial system, four will point back at them. Despite their
brilliance andfame earned through eloquent judgments, they are not popular with social activists or activist lawyers.
They seldom got invited to deliver lectures for they lack the ability to preach. But there are exceptions.
Justice Ajit Prakash Shah recently delivered a 25-page lecture on 'Judging Judges: Need for Accountability and
Transparency'. He was appointed additional judge in the Bombay High Court by the P V Narasimha Rao government
(there was no collegium system then) on December 18, 1992, after consultation with Justice L M Sharma, who was
Chief Justice of India from November 18, 1992 to February 11, 1993.
In his lecture, Justice Shah was right when he said: "Judges do not have pre-set moral codes embedded in their brains
that dictate their behaviour the moment they sit on the bench. Indeed, they are as human as the lawyers, plaintiffs,
defendants, criminals, witnesses and police before them. To attribute a greater morality to them merely because of the
nature of their office is false and dangerous."
Justice Shah became chief justice of Madras HC on November 12, 2005, and on May 7, 2008, he was appointed CJ of
Delhi HC, the constitutional post from which he retired on February 12, 2010. As CJ of Delhi HC, he shot into fame
with his pioneering judgment in July 2009 decriminalising Section 377 of Indian Penal Code, which for more than a
century punished the LGBT community.
After the judgment, he became the most talked-about judge in the country and a darling of social activists, activist
lawyers and, of course, the media. Despite the brilliant judgment and years as chief justice of two prominent HCs, he
failed to earn a berth in the Supreme Court as a judge.
By the time he entered the zone of consideration for selection as SC judge, the collegium system was well-entrenched
and appointments to the apex court were made collectively by the CJI and his four most senior colleagues.
The collegium considered his name a few times, but not favourably. We do not know whether it riled him. But the two
categories of activists lost no time in making a villain out of Justice S H Kapadia for opposing Justice Shah's elevation.
Activists circulated stories of alleged differences between Justices Kapadia and Shah from their Bombay HC days as the
reason for the former's opposition to Shah's elevation to the SC.
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Preaching ex-judges rarely look back at their conduct Times of India (Electronic Edition) August 5, 2019 Monday

Only a few knew what actually dissuaded the SC collegium from recommending Justice Shah's name to the government
-- a 4-page letter dated September 12, 2008, by advocates of Madras HC giving details of allegations against Justice
Shah and opposing his appointment as an SC judge.
The advocates had sent the letter to then President Pratibha Patil, then Vice-President Hamid Ansari, then PM
Manmohan Singh, then CJI K G Balakrishnan and his colleagues Justices B N Agrawal, Ashok Bhan, Arijit Pasayat and
Kapadia.
What holds true for the 2008 complaint against Justice Shah is his own statement in the recent lecture: "Without passing
judgment on the truth or falsity of the allegations, I must admit there are certain stark facts that stand out which demand
consideration."
The 2008 complaint talked about a film actress and also about chamber hearing, instead of open court hearing, in a case
relating to a builders' lobby and how a property worth hundreds of crores of rupees was sold for a song. The advocates
had earnestly requested for "a proper inhouse inquiry or proper investigation" into the allegations. Then CJI
Balakrishnan did not order an inquiry.
No social activist or activist lawyer ever demanded an inquiry, as it would have dimmed the judge's halo that was
shining bright with effusive praise for his LGBT judgment. No doubt, he was a fine judge. But didn't he have his
failings?
That is why Justice Shah probably said in his lecture, "Judges must be constantly reminded of what is appropriate
behaviour throughout their career, so that the role that is cast upon them -- of administering impartial justice -- is never
compromised."

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Newspaper

Copyright 2019 Bennett Coleman & Co. Ltd.


All Rights Reserved
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AJC CONTINUING COVERAGE WATER WARS; ; Water war marches to New Mexico The Atlanta Journal-
Constitution August 5, 2019 Monday

11 of 15 DOCUMENTS

The Atlanta Journal-Constitution

August 5, 2019 Monday


Main Edition

AJC CONTINUING COVERAGE WATER WARS;


;
Water war marches to New Mexico
BYLINE: Tamar Hallerman; Staff

SECTION: METRO; Pg. 1B

LENGTH: 702 words

HIGHLIGHT: Georgia, Florida argue long-fought case before judge in Albuquerque.

WASHINGTON--The next chapter of Georgia's long-running water war with Florida will play out in a New Mexico
courtroom.
Paul Kelly, the Santa Fe-based senior judge the U.S. Supreme Court appointed as the case's expert adjudicator, has
announced that the next round of oral arguments will occur in an Albuquerque federal courtroom on Dec. 16.
Florida and Georgia will each receive 45 minutes to summarize their arguments and answer questions from Kelly.
Florida will also be given time for a rebuttal since it was the party that filed the case nearly five years ago.
After hearing oral arguments from both states in January 2018, the Supreme Court ruled in a 5-4 opinion that Florida's
case should be revisited, not dismissed as the original judge known as the "special master" had recommended.
Florida wants the government to "equally apportion" water in the Apalachicola-Chattahoochee-Flint river basin, which
originates near Lake Lanier and flows along the Alabama border to the Florida Panhandle, by capping Georgia's water
use at roughly 1992 levels. Lawyers for Florida have argued that lax conservation policies in metro Atlanta and
particularly on South Georgia farms helped lead to the collapse of the oyster industry in the downstream Apalachicola
Bay.
Georgia argues that it's been a responsible steward of the state's water and that it's made particularly effective strides in
conservation in metro Atlanta. The state says a water cap would have a catastrophic impact on Georgia's economy and
provide negligible benefits for Florida's water supply given the complicated way the Army Corps of Engineers manages
locks and dams.
This week's scheduling announcement marked the first public action taken by Kelly since justices appointed him the
new special master a year ago this month.
The case's first round of arguments generated more than 7 million pages of documents, 30 subpoenas, 30 expert reports
and 100 depositions, Justice Clarence Thomas noted last year.
Kelly said he will not accept new evidence or expert testimony and that he'll work off the record built during the case's
initial five-week trial in 2016. After hearing new oral arguments from Florida and Georgia, Kelly is expected to issue a
recommendation to the Supreme Court, which could choose to hold another in-person argument of its own.
Page 29
AJC CONTINUING COVERAGE WATER WARS; ; Water war marches to New Mexico The Atlanta Journal-
Constitution August 5, 2019 Monday

The case is just one front in Georgia's multipronged water wars with Florida and Alabama, which have stretched for
several decades and gobbled up more than $50 million in Georgia taxpayers' money.
As he left office last year, Republican Nathan Deal said failing to strike an accord with the state's two neighbors to end
the litigation was one of his biggest regrets from his eight years as governor.
Gov. Brian Kemp, during last year's campaign, said he wouldn't broker a compromise with Florida and Alabama solely
for the sake of ending the waters war if it would leave "hardworking Georgians high and dry."
"I won't back down, blink or sacrifice our state's future on the altar of expediency," he said in July 2018.
(Box)
MORE DETAILS
|Georgia has already spent tens of millions on the Southeastern water wars, which have been raging for the better part of
three decades.
|Florida has sought to cap Georgia's water use at roughly 1992 levels, when Atlanta was home to roughly half as many
people as it is today. The Sunshine State said more fresh water will aid the Gulf Coast's once-dominant oyster
population.
|Georgia has argued that limiting its water use will cripple the state's economy while leading to negligible benefits
downstream because of the complicated way the federal government operates the country's dams.
|Georgia has already spent tens of millions on the Southeastern water wars, which have been raging for the better part of
three decades.
|Florida has sought to cap Georgia's water use at roughly 1992 levels, when Atlanta was home to roughly half as many
people as it is today. The Sunshine State said more fresh water will aid the Gulf Coast's once-dominant oyster
population.
|Georgia has argued that limiting its water use will cripple the state's economy while leading to negligible benefits
downstream because of the complicated way the federal government operates the country's dams.

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Newspapers

Copyright 2019 The Atlanta Journal-Constitution


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Around LI; Judge appointed in Muttontown Newsday (New York) August 5, 2019 Monday

12 of 15 DOCUMENTS

Newsday (New York)

August 5, 2019 Monday


NASSAU EDITION

Around LI;
Judge appointed in Muttontown
BYLINE: Newsday Staff /

SECTION: NEWS; Pg. 17

LENGTH: 127 words

The Muttontown board of trustees has appointed a village justice to replace a judge who retired in June.
Nicholas J. Massimo, who has served as the associate village justice for a year and practices in Mineola, was appointed
at Wednesday's village board meeting to replace Judge Stuart Mass. There is one more year left in the four-year term,
according to Muttontown Clerk Joe Russo.
Mass, who retired June 30, served on the court for six years while also working as a real estate attorney in Manhattan.
He was honored at Wednesday's meeting and given a plaque for his service.
"My time in the court was very gratifying and very interesting," Mass said. "It was a lot of fun."
Mass said the village plans to hire a judge to fill Massimo's now-vacant position.
RACHEL UDA

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Newspaper

Copyright 2019 Newsday LLC


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Rowlett Judge Liston elected as president of Board of Directors of TMCA Rowlett Lakeshore Times (Texas) August 3,
2019

13 of 15 DOCUMENTS

Rowlett Lakeshore Times (Texas)

August 3, 2019

Rowlett Judge Liston elected as president of Board of Directors of TMCA


BYLINE: Staff report

SECTION: NEWS

LENGTH: 264 words

The Rowlett city manager's office announced that Judge Pamela Liston has been elected to the position of President-
Elect of the Board of Directors of the Texas Municipal Courts Association (TMCA) and the Texas Municipal Courts
Education Center (TMCEC).
The results of the election were announced at the TMCA/TMCEC Board Meetings held in Austin on July 18-19. Liston
previously served as the Director of Region III (Dallas Area), on the Education Committee, and on the Legislative
Committee. She is honored to serve in this capacity and considers it a great opportunity to participate in excellence in
court services and judicial education across the state.
"We are extremely pleased that Chief Judge, Pamela H. Liston, of the Rowlett Municipal Court, has been recognized
statewide for her judicial expertise and offer our congratulations on her election as President-Elect of the Texas
Municipal Courts Association's 2019-2020, Board of Directors," said Martha Brown, Mayor Pro Tem and chair of the
city council's Court Governance Committee.
The TMCA administers the grant to train and educate judges and court support personnel. TMCEC trains
approximately 5,664 judges and court personnel a year. Municipal courts in Texas handle approximately 5,589,502 new
cases a year. There are 162 Municipal Courts of Record in Texas (including Rowlett). There are 933 Municipal Courts
in Texas. There are 1,278 Municipal Court Judges in Texas. There are more than 3,015 Court Administrators, Clerks,
and Juvenile Case Managers in Texas. Municipal Judges comprise 40 percent of the Texas Judiciary.

LOAD-DATE: August 5, 2019

LANGUAGE: ENGLISH

PUBLICATION-TYPE: Newspaper

Copyright 2019 Star Local News


Distributed by Newsbank, Inc. All Rights Reserved
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Cornyn, Cruz Accepting Applications for Judicial Vacancy in Southern District of Texas; Qualified attorneys are invited
to seek appointment for judicial vacancy in the Southern District of Texas, Corpus Christi Division; Sen. Cornyn, John -
(R - TX) News Release Congressional Documents and Publications August 2, 2019

14 of 15 DOCUMENTS

Congressional Documents and Publications

August 2, 2019

Cornyn, Cruz Accepting Applications for Judicial Vacancy in Southern District


of Texas;
Qualified attorneys are invited to seek appointment for judicial vacancy in the
Southern District of Texas, Corpus Christi Division;
Sen. Cornyn, John - (R - TX) News Release
SECTION: U.S. SENATE DOCUMENTS

LENGTH: 338 words

WASHINGTON - U.S. Senators John Cornyn (R-TX) and Ted Cruz (R-TX) announced that they are accepting
applications for a judicial vacancy in the Southern District of Texas. The vacancy is located in Corpus Christi. The
Senators have established a bipartisan panel of leading attorneys in Texas to help identify the most qualified candidates
from across the state to fill this vacancy. This panel, known as the Federal Judicial Evaluation Committee, reviews
applications, interviews candidates, and makes recommendations to the Senators.
"As a former judge and Attorney General of Texas, I understand the importance of ensuring that we have the best people
sitting on the federal bench and enforcing the law in Texas," said Sen. Cornyn. "I encourage all qualified individuals
interested in serving to submit their information to the review committee."
"It is critical that this seat is filled by someone with a deep respect for the Constitution and the rule of law," Sen. Cruz
said. "There are many excellent men and women in Texas who fit that description and I encourage them all to apply."
Senators Cornyn and Cruz invite qualified attorneys to seek appointment by submitting their resumes and completed
questionnaires to both lawmakers' offices. The questionnaire is available here https://www.cornyn.senate.gov/fjec.
Completed application packets must be received at the below email addresses no later than September 1, 2019. Email is
strongly recommended because of delays due to security procedures involving Congressional mail. Submitted
questionnaires will be reviewed by the Federal Judicial Evaluation Committee, and selected candidates will be invited to
interview. Questions regarding applications may also be directed to the contacts listed below.
U.S. Senator John Cornyn
|FJEC@cornyn.senate.gov
Attn: Carter Burwell
U.S. Senator Ted Cruz
FJEC@cruz.senate.gov
Attn: Judd Stone
Read this original document at: https://www.cornyn.senate.gov/content/news/cornyn-cruz-accepting-applications-
judicial-vacancy-southern-district-texas-0

LOAD-DATE: August 4, 2019

LANGUAGE: ENGLISH
Page 36
Cornyn, Cruz Accepting Applications for Judicial Vacancy in Southern District of Texas; Qualified attorneys are invited
to seek appointment for judicial vacancy in the Southern District of Texas, Corpus Christi Division; Sen. Cornyn, John -
(R - TX) News Release Congressional Documents and Publications August 2, 2019
PUBLICATION-TYPE: Report

JOURNAL-CODE: COSSM

Copyright 2019 Federal Information and News Dispatch, Inc.


Page 37
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Sens. Cruz, Cornyn Accepting Applications for Judicial Vacancy in Southern District of Texas; QUALIFIED
ATTORNEYS ARE INVITED TO SEEK APPOINTMENT FOR JUDICIAL VACANCY IN THE SOUTHERN
DISTRICT OF TEXAS; Sen. Cruz, Ted - (R - TX) News Release Congressional Documents and Publications August 2,
2019

15 of 15 DOCUMENTS

Congressional Documents and Publications

August 2, 2019

Sens. Cruz, Cornyn Accepting Applications for Judicial Vacancy in Southern


District of Texas;
QUALIFIED ATTORNEYS ARE INVITED TO SEEK APPOINTMENT FOR
JUDICIAL VACANCY IN THE SOUTHERN DISTRICT OF TEXAS;
Sen. Cruz, Ted - (R - TX) News Release
SECTION: U.S. SENATE DOCUMENTS

LENGTH: 323 words

WASHINGTON, D.C. - U.S. Sens. Ted Cruz (R-Texas) and John Cornyn (R-Texas) today announced that they are
accepting applications for a judicial vacancy in the Southern District of Texas. The vacancy is located in Corpus Christi.
The Senators have established a bipartisan panel of leading attorneys in Texas to help identify the most qualified
candidates from across the state to fill this vacancy. This panel, known as the Federal Judicial Evaluation Committee,
reviews applications, interviews candidates, and makes recommendations to the Senators.
"It is critical that this seat is filled by someone with a deep respect for the Constitution and the rule of law," Sen. Cruz
said. "There are many excellent men and women in Texas who fit that description and I encourage them all to apply."
"As a former judge and Attorney General of Texas, I understand the importance of ensuring that we have the best people
sitting on the federal bench and enforcing the law in Texas," said Sen. Cornyn. "I encourage all qualified individuals
interested in serving to submit their information to the review committee."
Sens. Cruz and Cornyn invite qualified attorneys to seek appointment by submitting their resumes and completed
questionnaires to both lawmakers' offices. The questionnaire is available here.
Completed application packets must be received at the below email addresses no later than September 1, 2019. Email is
strongly recommended because of delays due to security procedures involving Congressional mail. Submitted
questionnaires will be reviewed by the Federal Judicial Evaluation Committee, and selected candidates will be invited to
interview. Questions regarding applications may also be directed to the contacts listed below.
U.S. Senator Ted Cruz:
FJEC@cruz.senate.gov
Attn: Judd Stone
U.S. Senator John Cornyn:
FJEC@cruz.senate.gov
Attn: Carter Burwell
Read this original document at: https://www.cruz.senate.gov/?p=press_releaseandid=4617

LOAD-DATE: August 4, 2019

LANGUAGE: ENGLISH
Page 39
Sens. Cruz, Cornyn Accepting Applications for Judicial Vacancy in Southern District of Texas; QUALIFIED
ATTORNEYS ARE INVITED TO SEEK APPOINTMENT FOR JUDICIAL VACANCY IN THE SOUTHERN
DISTRICT OF TEXAS; Sen. Cruz, Ted - (R - TX) News Release Congressional Documents and Publications August 2,
2019
PUBLICATION-TYPE: Report

JOURNAL-CODE: COSSM

Copyright 2019 Federal Information and News Dispatch, Inc.

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