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28 Litig. News 1 (2002-2003)

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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
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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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