Posted on 07/29/2010 11:01:56 AM PDT by jazusamo
An appeals court removed a Chicago federal judge from a criminal drug trial Wednesday after disagreements between the judge and U.S. Attorney Patrick Fitzgerald delayed the case.
In a brief order, the U.S.Court of Appeals for the 7th Circuit removed Chief Judge James Holderman of the Northern District of Illinois and instructed the district court to appoint a new judge to oversee the trial.
Fitzgerald did not ask for Holderman’s dismissal. In a petition, the prosecutor asked the appeals court to reverse Holderman’s decision to exclude fingerprint evidence after prosecutors missed a court deadline. In the petition, Fitzgerald accused Holderman of “unfortunate hostility toward the government.”
The three-judge panel agreed to reverse the ruling, saying a missed deadline did not warrant the exclusion.
But in an unusual twist, Judges Richard Posner, Diane Sykes and Ilana Rovner went one step further, removing Holderman from the case entirely. The panel did not give a reasoning for the removal.
“This is an extraordinary situation; it really is,” DePaul University law professor Len Cavise told the Chicago Tribune. “Posner is one of those judges that if something happens procedurally that he doesn’t like, he will take action immediately.”
Randall Samborn, spokesman for the U.S. Attorney’s office, declined to comment when reached Thursday by Main Justice.
Holderman and Fitzgerald have a history of heated clashes in court.
Holderman, a judge in Chicago since 1985, was named Chief Judge of the U.S. District Court for the Northern District of Illinois in 2006. He previously worked as a federal litigator at Sonnenschein Nath & Rosenthal. Before his time in private practice, Holderman prosecuted white-collar crimes as an Assistant U.S. Attorney in Chicago from 1972 to 1978.
Holderman’s temper has earned him a reputation. A 2006 study by the Chicago Council of Lawyers gave him the lowest score of any judge on the court primarily because of his alleged anger issues, according to 2006 article in the Chicago Sun-Times. Critics sometimes refer to him as “Holdermaniac,” and the study found he commonly “yells, screams and intimidates,” the Sun-Times said.
Fitzgerald’s strife-ridden relationship with Holderman began as early as 2005.
Holderman accused Fitzgerald and four of his assistants of improperly disclosing secret grand jury trial material to attorneys involved in a civil case at the firm Winston & Strawn LLP . The judge ordered the Justice Department’s Office of Professional Responsibility to open an investigation into the conduct of the U.S. Attorney’s office.
In response, Fitzgerald reproached Holderman for “petty harassment” of prosecutors and “a disturbing lack of objectivity.” He claimed the probe was retaliation; Fitzgerald had previously requested that Holderman recuse himself from the case based on a conflict of interest with Winston & Strawn.
An appeals court ultimately halted the judge’s inquiry.
But Holderman and Fitzgerald haven’t always disagreed. In 2008, Holderman was the judge who approved Fitzgerald’s request for surveillance of Gov. Rod Blagojevich.
The current drug case against Clacy Watson Herrera, however, shows a lingering tension between the zealous prosecutor and temperamental judge.
Herrera is represented by Gabriel Fuentes and Katherine Welsh of Jenner & Block LLP.
Joe Palazzolo contributed to this story.
bio.
Holderman, James F.
Born 1946 in Joliet, IL
Federal Judicial Service:
Judge, U. S. District Court, Northern District of Illinois
Nominated by Ronald Reagan on February 25, 1985, to a new seat created by 98 Stat. 333; Confirmed by the Senate on April 3, 1985, and received commission on April 4, 1985. Served as chief judge, 2006-present.
Education:
University of Illinois, B.S., 1968
University of Illinois College of Law, J.D., 1971
Professional Career:
Law clerk, Hon. Edward J. McManus, U.S. District Court, Northern District of Iowa, 1971-1972
Assistant U.S. attorney, Chicago, Illinois, 1972-1978
Private practice, Chicago, Illinois, 1978-1985
Adjunct professor, Chicago-Kent College of Law, 1981-1983
Adjunct professor, Northwestern University School of Law, 1982-1984
Lecturer, University of Chicago Law School, 1983-2000
Adjunct professor, John Marshall Law School, Chicago, Illinois, 1986-present
Adjunct professor, University of Illinois College of Law, 1993-present
Race or Ethnicity: White
Gender: Male
Even conservatives can catch the judge disease, and it sounds like this guy may have it.
Thanks, Norm. Looks like this judge may have a problem.
“unfortunate hostility toward the government”
LOL ,, They make him out to be a ‘Roy Bean’.. sorry he got bounced. we could use a few more like ol’ Roy.
—
doing a little research on the legal defense firm ..
http://www.jenner.com/firm/ourfirm.asp?type=History
They have a long history going back 90 years or so.. award winning yet also pushing a leftist leaning agenda ... a firm that started out pretty limited in scope .. and then getting all clogged up by the environuts and human rights movements .. and rich along the way ..
After all the years of litigation and courtroom drama, I hope he has a good pension.
Life tenure affects people in different ways and some, unfortunately, can become rude, disrespectful and arrogant, displaying a poor judicial demeanor. If Posner agreed with pulling the case from this guy, something was probably going on that shouldn't have been.
I imagine he does with 25 years on the bench.
You make a good point on the “Roy Bean” type judge. Don’t know anything about the 7th Circuit Appeals Court but they may be pretty liberal, doubt they’re like the 9th though.
Any one want to lay odds on if the same consideration would be granted the defense in the same situation of missing a deadline?? If you believe there is a strong probability of that happening, I have ocean front property for sale in Phoenix.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.