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28 Litig. News 1 (2002-2003)

handle is hein.journals/lignws28 and id is 1 raw text is: SFcnON oF LK11AtmOi Aswtciu ttsrAmodto 750 North Lake Shore Drive Chicago, Illinois 60611-4497 II&Oefnds tbetl Nonprofit Organization US. Postage PAID American Bar Association LITIGATION NEWS INSIDE Top Court Speaks On Judicial Speech - Judicial candidates state views on hot issues. Page 2 Virtual Vortex to Courts * More courts allow filing online. Page 3 ADA Disabled? - Supreme Court limits scope. Page 4 Law of Unintended Consequences - Judicial estoppel applies to bankruptcy schedules. Page 5 Neutral Hired Gun - Do judges need their own experts? Page 6 Apprendi Aftermath • S. Ct. invalidates capital sentencing scheme. Page 7 Ethics Update • ABA recommends and Florida requires. Page 8 tlu. AA mI, wl WiSA 11ie1111 MI W,3 Or) LexisNexis Spotlight on Judges Turmoil Over Jud Expense-Paid Tr ABA's proposed ethics opini about judges attending semin re-ignites heated debate over BY JILL HERTZ BLAUSTEIN --~ LrTIGATION NEws ASOCIATE EDITO Mite ABA's Standing Committee on Ethics and Professional Responsibil- ity Is in the process of drafting an opin- ion concerning judges attending all-expense-paid seminars sponsored by particular interest groups. This fact and the underlying issue have been the source of a heated debate among the members of the Standing Committee, the federal judiciary, and many other lawyers and interested parties. The Standing Committee, chaired by Marvin Karp of Cleveland, is com- posed of 10 lawyers who interpret the Model Rules of Pro- ges' fessional Responsibil- ity and issue opinions to serve as guidance Ivel to the rules. When ion proposed opinions rars concern the judiciary. issue the Standing Commit- issae tee consults with the Judges' Advisory R Committee, a panel of judges appointed by the President of the ABA. The draft opinion itself has not been broadly circulated-it has been kept within the confines of the Standing Committee and the Judges' Advisory Committee, The general flavor of the opinion is that it is intended to provide guidance for judges when they are invited to attend an all-expense-paid seminar put on by a private group. A purpose of certain seminars is to incul- cate a particular point of view with regard to a matter of legal interest that may come before judges in one form Rules Update Supreme Court Approves Amendments to Federal Rules Amendments take effect on Dec. 1 unless Congress acts By ORAN F. WHsITING LITIGATION NEws AssociATE EDITOR Amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure will take effect on December 1, 2002, unless altered by Congress. Time requirements, page limits, electronic service, and other issues are addressed by the amendments to the Federal Rules of Appellate Procedure. District courts will be autho- rized to extend the time for a party to file an appeal on a showing of excusable neglect or good cause, whether or not the motion for additional time is filed before or during the 30 or another. What the committee hopes to do is to come out with an opinion about criteria to assist judges in deter- mining whether to attend particular seminars. We can't create a bright line test, but we will try and raise points for judges to consider and let the judges The idea thatjudges were clamoring for an opinion on this subject is tot true. decide. We want to provide guidance to judges to make sure that they are doing the right thing:' explains Karp. The Standing Committee has been working on this issue for the last year and a half and recently sought comments on a draft opinion from the Judges' Advisory Committee. When it was ini- tially revealed, the draft opinion was met (Please turn to page 4-Trvel) days provided after the original deadline to file an appeal expires. Rule 5(c) imposes a 20-page limit on petitions for permission to appeal and answers. Among amendments to the Federal Rules of Civil Proce- dure are the addition of a financial disclosure rule, the deletion of a habeas corpus deadline, and the conformation of the admiralty rules to the Civil Asset Forfeiture Reform Act of 2000. Orders disposing of certain post-judgment motions will no longer have to be entered on a separate document under amendments to Civil Rules of Procedure 54 and 58. Among several amendments to the Federal Rules of Bank- ruptcy Procedure are the establishment of procedures for cases commenced on behalf of infants or incompetent persons as well as the postponement of the entry of discharge in Chapter 7 cases upon the filing of a motion to dismiss under Section 707 of the Bankruptcy Code. The provision implying that all general partners must consent to the filing of a voluntary petition of the partnership is eliminated by Rule 1004. Federal district courts will also have the option of conducting initial appearances and arraignments of defendants via video teleconferencing upon consent of the defendants. 0

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