New Jersey Supreme Court Rejects Mandatory Malpractice Insurance, embraces disclosure of coverage

The New Jersey Supreme Court has issued a Notice to the Bar.  It has rejected in part, accepted in part, and deferred in part the recommendations of its Ad Hoc Committee on Attorney Malpractice Insurance.  It concurred with the November 2017 report recommendation that malpractice insurance not be mandated for all private practitioners.  The Court retains its Rule 1:21-1A that all limited liability firms must carry insurance in the minimum amount of $100,000 (multiplied by the number of attorneys in the firm). The Court concurred with its Committee that lawyers be required to publicly register evidence of the coverage they carry.  The Administrative Office of the Courts is directed to develop procedures to implement the principle.  And the Court announced that it will revisit at an unspecified date whether attorneys who lack coverage should be required to disclose that fact. – gwc

Source: OTHERWISE: New Jersey Supreme Court Rejects Mandatory Malpractice Insurance, embraces disclosure of coverage

 

OTHERWISE: Harvard Law Prof Defends Decision to Represent Weinstein

Source: OTHERWISE: Harvard Law Prof Defends Decision to Represent Weinstein

Ronald Sullivan, a former Public Defender and the Director of Harvard Law’s criminal justice program, is one of the most prominent criminal defense lawyers in the country.  An African American long associated with criminal justice reform, he has drawn disapproval from some for signing on to the defense team of Harvey Weinstein, the Hollywood mogul now under indictment for sexual assault.

After students criticized him, including the editors of the student-edited daily Harvard Crimson fifty two Harvard Law Professors rose to his defense in an open letter.
Sullivan has now defended himself in a long interview published today in the New York magazine.

– GWC

From Riehlmann to Thompson

I have just heard the Podcast from the New Yorker Radio Hour called John Thompson v. American Justice. The Podcast connects the story from Riehlmann (Chapter 6) to Connick v. Thompson (Chapter 7).  This includes interviews with Riehlmann and District Attorney Connick, as well as long interviews with John Thompson. I highly recommend for you and your students too.  It runs about an hour, but is incredibly provocative and on point for the themes in both chapters.

 

A Century Later, a Little-Known Mass Hanging of Black Soldiers Still Haunts Us – Progressive.org

Source: OTHERWISE: A Century Later, a Little-Known Mass Hanging of Black Soldiers Still Haunts Us – Progressive.org

100 years after one of the least-known and saddest chapters in American history, families of executed black soldiers have petitioned Trump for justice. Sixty-three black soldiers were represented by one lawyer in the largest court martial in U.S. history, the first of three that followed the Houston riot of 1917. In total, 110 men out of 118 were found guilty, and nineteen were sentenced to death by hanging.

OTHERWISE: No right is secure: Thomas , Gorsuch and Alito disparage right to counsel set in Gideon v. Wainwright

Source: OTHERWISE: No right is secure: Thomas , Gorsuch and Alito disparage right to counsel set in Gideon v. Wainwright

The breadth of the threat to well established rights is stunning.  In the past few weeks Justice Clarence Thomas has reportedly directly lobbied Senators to place a former clerk on the Court of Appeals for the D.C. Circuit; questioned Times v. Sullivan; disparaged Times v. Sullivan;and declared that Roe v. Wade and Dred Scott v. Sanford are among the worst decisions of the court and the fruit of the same constitutional doctrinal defects.  The targets have expanded to include a three judge attack on the expansion of right to counsel beginning with Powell v. Alabama which reversed the nine notorious death sentences in the Scottsboro cases, the injustices of which are described in this contemporaneous ACLU reportKEEP READING