Gavel Grab

Search results

‘Judicial Emergency’ Declared in Arizona

A federal judge in Arizona has declared a judicial emergency, effectively relaxing the time limits set for trying accused criminals in court.

Judge John M. Roll was waiting to talk to Rep. Gabrielle Giffords about an overload of cases facing the federal courts in Arizona when both were shot outside a Tucson supermarket Jan. 8 (see Gavel Grab). Judge Roll was among six people who died. His successor as chief federal district judge, Roslyn O. Silver, subsequently declared the emergency, according to an Arizona Republic article, entitled “Judge John Roll’s Death Prompts Judicial Emergency.”

Chief Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals said he was hopeful that Congress would take action in response to the emergency declaration.

According to the Arizona Republic, amid clamor for tougher enforcement of drug and immigration laws, federal felony caseloads have soared to a record high in the state; and judicial appointments have slowed due to partisan politics in Washington. Judge Roll’s slaying worsened the problem. He had sought an emergency declaration.

“The district court in Arizona urgently needs additional resources. Judicial vacancies need to be filled and new judgeships should be given strong consideration,” the Wall Street Journal quoted Judge Kozinski as saying.

The federal court in Arizona claims the highest criminal caseload in the region covered by the Ninth Circuit and the third-highest caseload in the nation. Two districts in Texas rank ahead of it. Read more

No comments

Judge Roll Called ‘Hero’ for Actions

The federal judge who was slain in Arizona appears to have tried to save the life of another man at the Tucson shooting scene, according to an investigator who watched surveillance video.

Chris Nanos, a captain with the Pima County Sheriff’s Department, told the Wall Street Journal that Judge John M. Roll (photo at left) can be seen in a video pushing Ron Barber, an aide to Rep. Gabrielle Giffords, to the ground. Rep. Giffords apparently was shot first; Barber (photo at right) survived.

“It looks to us as though he is pushing against Ron Barber to move him out of the way,” Nanos said.

“Both men fall to the ground; both are shot. The judge was shot in the back and died,” the newspaper said in describing the sequence of events.

“It’s pretty evident to me that Judge Roll was a hero … if Judge Roll had not pushed Mr. Barber his wounds might have been fatal,” Nanos added. “Judge Roll’s actions are of a man trying to save another man’s life.”

Richard Kastigar, the investigative and operational bureau chief of the Pima County Sheriff’s Department, was quoted by a New York Times article as saying it appeared that Judge Roll died while trying to save Barber’s life.

“It’s very clear to me the judge was thinking of his fellow human more than himself,” Kastigar said.  Here is that newspaper’s report, based on Kastigar’s account: Read more

Comments are off for this post

Judge Roll is Mourned in Tucson

Federal Judge John M. Roll of Arizona, remembered by lawyers as a model of fairness, was mourned by nearly two thousand people –  including fellow judges and dignitaries — at a funeral service in Tucson Friday.

Chief District Judge Roll had received numerous threats over his handling of a controversial case involving illegal immigrants two years ago. But his death came outside a supermarket when a gunman launched an attack apparently targeted at Rep. Gabrielle Giffords and killed six bystanders, including Judge Roll.

On Wednesday President Obama said the judge’s colleagues  “described him as the hardest-working judge” within the territory of the Ninth U.S. Circuit Court of Appeals, the New York Times reported.

When Judge Roll handled the dispute that became known on talk radio as “the illegal immigrants vs. the vigilante rancher,” he was respected by lawyers on both sides as a model of fairness, according to a Los Angeles Times profile.

Four large coach buses brought dozens of judges Friday to the funeral service at St. Elizabeth Ann Seton Catholic Church, the Associated Press reported, and the following were among dignitaries at the service, amid tight security: Arizona Gov. Jan Brewer; U.S. Sens. John McCain and Jon Kyl; and former Vice President Dan Quayle.

Judge Roll was a strong advocate in seeking additional courts and judges to cope with the increasing workload of federal cases tied to illegal immigration.

Only a week before he was slain, he declared a judicial emergency in southern Arizona, the Los Angeles Times said. Judge Roll reported that federal felony cases brought in Tucson had shot up from 1,564 to 3,289 in two years, and he noted, “We’ve reached a choke point.” According to some accounts, he stopped at the supermarket to talk about judicial caseload with Rep. Giffords. Read more

No comments

Tight Security for Judge’s Funeral in Tucson

When a funeral service is held in Tucson Friday for murdered federal Judge John M. Roll, judges from around the nation are expected to attend amid ultra-tight security.

“I can’t give a specific number, but there are about 100-plus judges who are coming in from all over the country, from Supreme Court justices to district judges,” said U.S. Marshal for Arizona David Gonzales, according to a report by radio station KTAR.

An extremist church in Kansas said it would not hold planned protests outside the funeral planned today for 9-year-old Christina Taylor Green, and Friday for Judge Roll, in a deal it made for radio airtime, according to a Los Angeles Times article.

The Westboro Baptist Church earlier had announced a protest outside the judge’s funeral because  the church thought his colleagues in the judiciary had acted against the church’s interests.

Judge Roll was shot fatally Saturday at an event hosted by Rep. Gabrielle Giffords, D-Ariz., to meet constituents; she was critically wounded, and five other people were killed.

Shooting suspect Jared Lee Loughner will be tried by federal district Judge Larry Burns of San Diego, the Arizona Republic reported. All Arizona’s federal judges recused themselves from the case due to personal and professional ties with Judge Roll.

Chief Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals said a judicial emergency exists in Arizona, where three of 12 federal judgeships are open, according to the Los Angeles Times. Some news media have reported that Judge Roll went to the Saturday event to talk to Giffords about the heavy judicial caseload in the district (see Gavel Grab).

Judge Kozinski urged swift action by the White House and Senate to fill the vacancies.

“I hate to take advantage of such a tragedy, but if this brings public attention to the pressing need of filling vacancies then that would be a welcome result,” he said.

On Wednesday evening, President Obama attended memorial services in Tucson, eulogizing the six slaying victims and offering prayers for those who were wounded, the New York Times reported. Supreme Court Justice Anthony Kennedy and retired Justice Sandra Day O’Connor, of Arizona, were in attendance. You can watch Obama’s remarks by clicking on the C-SPAN video above.

No comments

All U.S. Judges in AZ May Recuse in Shooting Case

Arizona’s complete federal judiciary is considering stepping aside from involvement in the murder trial of accused murderer Jared Loughner, to avoid possible conflicts of interest.

Chief District Judge John M. Roll was shot fatally in a rampage Saturday that apparently targeted Rep. Gabrielle Giffords, D-Ariz. Loughner was charged in a federal complaint with attempting to assassinate Giffords and killing Judge Roll and a Giffords staff member.

Federal judges in the Tucson division disqualified themselves before a court appearance by Loughner Monday, according to a USA Today article. “We are awaiting official word from the court’s Phoenix division regarding recusal of the judges there,” said David Madden, assistant circuit executive for the Ninth U.S. Circuit Court of Appeals.

Loughner lawyer Judy Clarke signaled intention to question the impartiality of both federal judges and prosecutors in Arizona.
“There is great concern with proceeding any further than today with Arizona judges,” Clarke told a federal magistrate.

President Obama was to attend a memorial service in Tucson for victims of the mass shooting later Wednesday. Supreme Court Justice Anthony Kennedy was among those expected to attend. In Washington, members of the House of Representatives convened to honor the victims, the New York Times reported.

No comments

Action Urged to Honor Judge Roll

President Obama will attend a memorial service in Tucson Wednesday to honor victims of the shooting rampage.

While Obama is likely to touch on the killing of Chief District Judge John M. Roll, one of 20 people shot in the attack that apparently targeted Rep. Gabrielle Giffords, other personal tributes have begun flowing.

Chief Judge Raymond Dearie of New York’s Eastern District said there would be no better way to honor the fallen judge than for his colleagues to volunteer to share the workload of courts along the U.S. border with Mexico. Thousands of immigration cases have placed these courts “under siege,” he told the New York Law Journal.

In the Charleston (W.Va.) Gazette, Andrew Clevenger wrote in a commentary that President George H.W. Bush nominated Judge Roll on Sept. 23, 1991, and the Senate unanimously confirmed him less than two months later. That speedy confirmation rate seems “unthinkable” today, said Clevenger, who urged:

“While proclamations and heightened focus on judicial security are all well and good, the Senate can best honor Judge Roll by living up to its obligation to confirm qualified judges in a timely manner.”

In advance of the holiday celebrating the birthday of Dr. Martin Luther King, U.S. Attorney General Eric Holder called the shootings “an unspeakable tragedy.” He added, according to a text of his speech:

“Without question, threats against public officials – whatever form they take – continue to be cause for concern and vigilance.   But I do not believe that these threats are as strong as the forces working for tolerance and peace.”

No comments

How to Handle ‘Alarming’ Safety Risks for Judges?

Rep. Peter King of New York, chairman of the House Homeland Security Committee, said Tuesday he plans to introduce a bill that would make it a crime for people to carry a gun within 1,000 feet of a federal judge or member of Congress.

“In the United States, it is illegal to bring a gun within 1,000 feet of a school. Passing a similar law for government officials would give federal, state, and local law enforcement a better chance to intercept would-be shooters before they pull the trigger,” asserted the Republican in a statement reported by MSNBC.

King (photo at right) announced his planned legislation at a news conference with New York City Mayor Michael Bloomberg, as they responded to the shooting rampage in Arizona that gravely wounded Rep. Gabrielle Giffords and killed federal Judge John M. Roll (photo, above left) and five others.

Three days after the Tucson bloodshed, the murder of Judge Roll — who apparently was not the target of the shooting suspect, Jared Loughner — continued to rivet attention on safety risks facing judges, whether in their courtrooms or unprotected in public.

Chief Judge Royce Lamberth of the District Court for the District of Columbia labeled the Tucson shooting “alarming,” according to a Blog of Legal Times post. It raises questions whether federal judges and elected officials ought to make public appearances without security, he said.

Judges around the country continued to wrestle with the implications of Judge Roll’s shooting. According to a separate MSNBC article, it “underscored  the safety risks members of the judiciary branch at all levels have faced for decades.” In recent times, threats upon federal judges and prosecutors have soared (see Gavel Grab). The MSNBC article was entitled “Judges no strangers to balancing security.”

Judge Dana Leigh Marks, head of the National Association of Immigration Judges, put it this way:

“In this time when people are angry at public servants and are facing tough economic times, judges become a visible symbol for their anger.

“It’s a little bit frightening, especially to our families, who are wondering if we’re risking our lives just to go to work.” Read more

No comments

Moment of Silence Observed After Massacre

In a rare interruption of its public session, the Supreme Court paused for a moment of silence Monday to honor the victims of a shooting rampage in Arizona, including a federal judge.

The “senseless shooting on Saturday caused devastating injury to persons who all, in their own way, contribute to the strength of our nation,” Chief Justice John G. Roberts Jr. told the courtroom, according to a Wall Street Journal article.

Among six people killed was Judge John Roll of Arizona, who Chief Justice Roberts recalled as “a dedicated member of the federal judiciary.” Critically wounded was U.S. Rep. Gabrielle Giffords, D-Ariz.

President Obama led a moment of silence at the White House, and observers gathered at the U.S. Capitol, as well.

Various profiles of the chief judge for the Arizona district described him as fair-minded, conservative, and as a champion for greater resources for the court.

“He was very committed to maintaining the integrity of the system,” said lawyer Richard Martinez of Tucson, who appeared before Judge Roll over 20 years, according to a Blog of Legal Times post. Read more

No comments

Judges Shaken by Colleague’s Killing

Judge John M. Roll wasn’t the target of a gunman outside a Tucson supermarket. Even so, the 63-year-old federal judge’s slaying was hugely unsettling to other federal judges, even beyond the loss of one of their colleagues.

In an era of rising threats against judges, Judge Roll’s fatal shooting raised troubling questions, TIME reported in an article entitled, “Why the Tucson Massacre Has Rattled U.S. Judges.”

The news of Judge Roll’s murder — which occurred when Rep. Gabrielle Giffords and 18 others also were shot Saturday –  was “very disturbing, just when we were beginning to feel secure,” U.S. Judge Robert Gettleman of Chicago told the magazine shortly after the rampage. He continued:

“As judges I’m confident most all of us would like to feel safe as participants in our communities without believing we need special protection. I hope that’s the norm, although recent events may indicate otherwise. We certainly don’t want to live our lives like judges in some other countries (like Russia, Kenya) must, under constant guard.”

Judge Roll had received death threats, and angry callers swamped his telephone lines, after he ruled in 2009 that a lawsuit by illegal immigrants against an Arizona rancher could go forward. The judge received federal security around the clock for a month.

But he apparently was an innocent bystander when he was shot fatally. Judge Roll, the chief judge in the Arizona district, had shown up to thank Giffords for signing a letter written to Judge Alex Kozinski, chief judge of the Ninth U.S. Circuit Court of Appeals. It urged designation of Judge Roll’s district as a judicial emergency because of the high number of immigration cases, according to a Wall Street Journal article. Read more

No comments

Reports: Slain Judge an Innocent Bystander?

He had received death threats in the past. But Chief Judge John M. Roll of the federal district court in Arizona apparently was an innocent bystander when he was slain during a shooting rampage that gravely wounded Rep. Gabrielle Giffords, a law enforcement official said.

Judge Roll, 63, had gone to Mass nearby and decided to stop and greet Giffords, D-Ariz., who was a close friend, Pima County Sheriff Clarence W. Dupnik was quoted as saying by the Los Angeles Times.

When a gunman started shooting in an area outside the supermarket where Giffords was meeting constituents, six people were killed and 12 wounded. Giffords was the apparent target.

Another account came in a Washington Post article. It said Judge Roll was departing a supermarket nearby when he saw an aide to Giffords whom he knew and stopped to say hello, according to a Giffords spokeswoman.

In the 20th century, three federal judges were assassinated, the last in 1989, suggesting that killings of federal judges are rare. But threats on judges and prosecutors have more than doubled since 2003 (see Gavel Grab post.)

There were hundreds of anonymous threats made against Judge Roll two years ago, when he ruled that a $32 million civil rights lawsuit against a rancher, filed by illegal immigrants, could go forward. He was the subject of talk-radio discussion, was a target of criticism by angry conservatives, and was put under 24-hour surveillance by the U.S. Marshal Service.

He chose not to press charges when several threat suspects were identified. Read more

No comments

« Previous PageNext Page »