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3. Federal judge’s Columbia clerk boycott didn’t…

Judiciary

Federal judge’s Columbia clerk boycott didn’t harm public confidence in judiciary, judicial council rules

By Debra Cassens Weiss

April 10, 2025, 11:36 am CDT

A judge on the U.S. Court of International Trade did not violate ethics rules by refusing to hire law clerks who attended Columbia University, according to the judicial council of the 7th U.S. Circuit Court of Appeals at Chicago.

In an April 8 decision, the council dismissed the complaint against Judge Stephen A. Vaden, one of 13 federal judges who participated in the boycott and explained why in a letter to the school.

Law360, Reuters and the Volokh Conspiracy have coverage.

President Donald Trump has nominated Vaden to be the deputy secretary of the Department of Agriculture, Reuters reports. A U.S. Senate panel had a hearing on his nomination Tuesday.

The judges had refused to hire law clerks who attended Columbia University or Columbia Law School because of the university’s handling of disruptions caused by pro-Palestinian protesters. Columbia has become “an incubator of bigotry,” the judges said in their letter to Columbia, and the judges have lost confidence in the institution.

Vaden’s boycott and his signature on the letter do not harm the integrity of the judicial office, do not harm public confidence in the judiciary, and do not cast doubt on his impartiality, the judicial council said.

“A judge may refuse to hire law clerks from a law school or university that has, in the judge’s view, failed to foster important aspects of higher education, like civility in discourse, respect for freedom of speech and viewpoint nondiscrimination,” the opinion said.

The chief judge of the U.S. Court of International Trade had transferred the ethics complaint against Vaden to the 7th Circuit’s judicial council for review. The person who filed the ethics complaint is in prison for his role in firebombing and vandalizing Jewish synagogues.

Vaden was represented by the First Liberty Institute, a nonprofit conservative legal organization, and Lisa Blatt of Williams & Connolly.

Judicial councils have also tossed ethics complaints against 11 of the other 12 boycotting judges, including, apparently, two federal appeals judges: Judge James C. Ho of the 5th Circuit at New Orleans and, according to Reuters, Judge Elizabeth L. Branch of the 11th Circuit at Atlanta.

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3. Judge texted bailiff, clerk that he can’t…

Criminal Justice

Judge texted bailiff, clerk that he can’t be in court next day because ‘I just shot my wife,’ jurors are told

By Debra Cassens Weiss

February 20, 2025, 12:32 pm CST

A California judge admitted that he shot his wife in a text to court personnel, in a police car and when sitting alone in a police interrogation room, jurors were told Wednesday.

Judge Jeffrey Ferguson of the Orange County Superior Court in California is accused of fatally shooting his wife in August 2023 while watching the AMC TV show Breaking Bad at their home and arguing about finances. Their adult son was also present.

Law360, the Associated Press and KABC have coverage.

Ferguson’s defense lawyer maintains that the shooting was an accident, according to the AP.

Orange County, California, Deputy District Attorney Seton Hunt showed jurors a copy of a text to Ferguson’s clerk and bailiff, the articles report.

“I just lost it. I just shot my wife. I won’t be in tomorrow. I will be in custody. I’m so sorry,” the text said.

Jurors were also shown a video of Ferguson muttering to himself in a police interrogation room, according to Law360.

“I killed her. Ladies and gentlemen of the jury, convict my ass. I did it,” he said.

In the back of the police car, Ferguson said, “I killed my wife. F- – -. Ugh, s- – -,” video showed.

At the police station, Ferguson’s blood alcohol level was 0.065. Hunt said a forensic scientist would testify that the level was likely 0.17 or more when Ferguson’s wife, Sheryl, was shot.

The adult son testified that he had stepped outside as his parents argued and heard his mother say words to the effect, “Why don’t you point a real gun at me?” The son said he turned around and saw his father fire the gun, according to Law360.

Hunt is seeking a second-degree murder conviction, according to KABC. It’s unclear whether jurors will also be able to consider a manslaughter charge.

See also:

Criminal court judge, 72, arrested in wife’s shooting death

Judge who made ‘reckless’ Facebook allegation about prosecutor is admonished

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3. Alito says his phone call with Trump concerned…

U.S. Supreme Court

Alito says his phone call with Trump concerned former clerk

By Debra Cassens Weiss

January 9, 2025, 9:09 am CST

Updated: U.S. Supreme Court Justice Samuel Alito said he spoke with President-elect Donald Trump on Tuesday to provide a job reference for one of his former law clerks.

Alito said in a statement the ex-clerk, William Levi, had asked him to take the phone call, according to ABC News, which broke the story.

Stories followed in publications that include the New York Times, Reuters, CNN and Fox News.

Levi formerly work as chief of staff to then-U.S. Attorney General Bill Barr during Trump’s first presidency. He is now being considered for a government position in the new administration.

A day after the phone call, lawyers for Trump asked the Supreme Court to stay his Friday sentencing for allegedly falsifying business records to conceal a hush-money payment to adult film actress Stormy Daniels. Prosecutors said the payment violated a New York law barring use of unlawful means to promote a candidacy—in this case, Trump’s presidential bid in 2016.

Alito said Wednesday, however, that the case was not discussed.

“We did not discuss the emergency application he filed today, and indeed, I was not even aware at the time of our conversation that such an application would be filed,” Alito said in the statement. “We also did not discuss any other matter that is pending or might in the future come before the Supreme Court or any past Supreme Court decisions involving the president-elect.”

On Thursday evening, the Supreme Court denied Trump’s emergency application in a 5-4 vote. Alito, who did not recuse himself, voted with Justices Neil Gorsuch, Clarence Thomas and Brett Kavanaugh in favor of granting Trump’s request to delay his Friday sentencing. They did not indicate their reasoning in the unsigned order.

Updated on Jan. 9 at 9:05 p.m. to note Justice Samuel Alito’s vote on Donald Trump’s emergency application.

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3. Judge must take training after banning law…

Judiciary

Judge must take training after banning law clerk from courthouse and threatening jail time

By Debra Cassens Weiss

August 29, 2024, 8:43 am CDT

A Chicago judge who objected to a law clerk carrying his cellphone into her courtroom will have to undergo training after threatening him with jail time and banning him from the entire courthouse.

Judge Peggy Chiampas of Cook County, Illinois, will have to take training on the enforcement of administrative orders governing electronic devices, according to an Aug. 27 news release.

The Chicago Sun-Times and the Chicago Tribune have coverage.

Members of the public are generally barred from bringing cellphones into the George N. Leighton Criminal Courthouse where Chiampas works, but attorneys and their “authorized employees” are allowed to keep them, according to prior coverage by the Chicago Sun-Times.

Chiampas’ “secret” order banning law clerk Robert Almodovar from the courthouse was never entered on a docket and was not provided to Almodovar, according to a statement by his employer, lawyer Jennifer Bonjean. The Chicago Tribune reported on the statement in a prior article.

“Judges cannot ban citizens from public buildings, even if they think (wrongly) that the citizen has violated some administrative order,” Bonjean claimed.

Bonjean is suing Chiampas and others for alleged misconduct in a case involving two men accused of killing a police officer.

The cellphone incident happened in October 2023, when Almodovar was observing proceedings in Chiampas’ courtroom. Almodovar is an exoneree who spent 23 years in prison for a double murder that he did not commit.

A sheriff’s deputy who was told that Almodovar had a cellphone asked him to go out in the hallway. The deputy said Almodovar should lock his phone in a public locker downstairs.

The Chicago Tribune described what happened next as alleged in a motion seeking to overturn the courthouse ban. The Chicago Sun-Times interviewed Almodovar and quoted from a court transcript.

Almodovar said he thought that he was allowed to keep the cellphone as a law firm employee but agreed to comply. At that point, according to the motion, Chiampas “began screaming loudly from the bench, ‘Bring him in, bring him in, bring him in.’”

Chiampas ordered Almodovar to turn over his cellphone and said he had two options.

The first option: Chiampas could hold Almodovar in direct contempt and sentence him to six months in jail for violating an established order. The second option: Almodovar could “voluntarily … open up your phone so that they could check to ensure no photos were taken … and nothing was spread on social media regarding anything in this building or in this courtroom.”

A deputy searched the phone and said she found no pictures, no videos and no social media stories.

Chiampas nonetheless told Almodovar that he was banned from the courthouse unless he has a criminal case, unless he is subpoenaed to appear, or unless he gets prior approval.

“If you come to this building again,” Chiampas said, “I, sir, will give you the max six months.”

Chiampas vacated the courthouse ban earlier this month.

Rebecca “Becky” H. Hill, an unlikely but pivotal figure in the ongoing Alex Murdaugh post-murder conviction appeal, is no longer the clerk of court for Colleton County, South Carolina.

During a Monday morning press conference in front of the antebellum courthouse in Walterboro, the long-embattled elected official resigned her position effective immediately, adding that she would forego reelection just before the filing deadline, citing family reasons.

In September 2023, defense attorneys accused Hill of engaging in several instances of jury tampering during Murdaugh’s murder trial. Other, related scandals quickly rose to the surface over Hill’s behavior during and after the longest criminal trial in Palmetto State history.

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3. Justice Thomas hires clerk accused of sending…

U.S. Supreme Court

Justice Thomas hires clerk accused of sending racist text; was she set up by rogue employee?

By Debra Cassens Weiss

February 26, 2024, 9:51 am CST

A graduate of the George Mason University Antonin Scalia Law School will be clerking for U.S. Supreme Court Justice Clarence Thomas, despite a prior allegation that she sent a racist text while working at a conservative group.

Crystal Clanton, class of 2022, will clerk for Thomas for the 2024-2025 term, according to a press release (via How Appealing), the New York Times and an opinion column by the Washington Post.

The New Yorker had reported in 2017 that Clanton allegedly sent the text to a colleague in 2015 while working at the conservative student group Turning Point USA.

“I hate Black people,” the text said. “Like f- – – them all … I hate Blacks. End of story.”

Clanton told the New Yorker that she had no recollection of the messages, and they “do not reflect what I believe or who I am.” The executive director of Turning Point USA, Charlie Kirk, told the New Yorker that “Turning Point assessed the situation and took decisive action within 72 hours of being made aware of the issue.”

Thomas’ wife, Virginia “Ginni” Thomas, was on Turning Point USA’s advisory council. After Clanton left Turning Point USA, she lived with the Thomases for close to a year. Justice Thomas has said he encouraged Clanton to go to law school.

After her graduation, Clanton clerked for U.S. District Judge Corey L. Maze of Alabama and Judge William H. Pryor Jr. of the 11th U.S. Circuit Court of Appeals at Atlanta.

The federal judiciary investigated the situation after Pryor hired Clanton at the request of seven Democratic members of Congress. Pryor told the judiciary in a letter that he learned that the racist email was actually written by a rogue employee fired for creating fake text messages to discredit co-workers. A lawyer for Clanton told Pryor that she did not dispute the allegation because of a nondisclosure agreement.

Thomas recommended Clanton to Pryor, and he thinks that the allegations were false, according to a letter that he submitted for the judiciary investigation.

“I know Crystal Clanton, and I know bigotry,” Thomas wrote. “Bigotry is antithetical to her nature.”

The judiciary investigation ended with a determination that Maze and Pryor knew about the allegations against Clanton but found them to be false.

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3. ‘Even judges are not immune to theft,’ state…

Criminal Justice

‘Even judges are not immune to theft,’ state AG says in announcing charges against former court clerk

By Debra Cassens Weiss

January 24, 2024, 11:11 am CST

A former court clerk in Wayne County, Michigan, has been charged with embezzling more than $60,000 from the judge for whom he worked.

Steven Allen, 42, of Detroit was accused of illegally obtaining the judge’s ATM card to make withdrawals and purchases, according to a Jan. 23 press release by the Michigan Department of Attorney General.

Law360, the Metro Times and the Detroit Free Press have coverage.

Allen is charged with embezzlement, using a computer to commit a crime, forgery and stealing or retaining a financial transaction device without consent.

The judge, who isn’t named in the press release, became aware of missing money when he was notified about delinquent taxes on a secondary property. Allen allegedly showed checks to the judge to make it look as if the tax was paid.

“Even judges are not immune to theft, embezzlement and fraud perpetrated against them by those they trust the most,” said Democratic Michigan Attorney General Dana Nessel in the press release. “Truly anyone can fall victim to financial exploitation crimes.”

Allen is represented by the Neighborhood Defender Service in Detroit. A representative of that group did not immediately respond to the ABA Journal’s request for comment.