The BLT: The Blog of Legal Times

Judge Ketanji Jackson Sworn In to D.C. Federal Bench

Judges are a common sight at judicial swearing-in ceremonies in Washington's federal courthouse, but yesterday's investiture for U.S. District Judge Ketanji Jackson featured a special guest from several blocks away: U.S. Supreme Court Justice Stephen Breyer.

Breyer administered the oath of office, calling Jackson, who served as his law clerk, part of the "court family." Sporting a sling for his right arm after suffering a recent cycling injury, Breyer joked the ceremony was truly a family affair, noting he received treatment at MedStar Georgetown University Hospital, where Jackson's husband is a surgeon.

The U.S. Senate confirmed Jackson on March 22. Prior to her appointment, she served as vice chair of the U.S. Sentencing Commission; she filled the seat vacated by now-retired U.S. District Judge Henry Kennedy.

D.C. Attorney General Testifies in Evidence Dispute

In an unusual scene, District of Columbia Attorney General Irvin Nathan took the stand this morning in Washington federal court to testify about his office's handling of a longstanding wrongful arrest case. During occasionally contentious exchanges, Nathan fielded questions about his compliance with ethics rules as the city government's top lawyer.

Nathan was the final witness in a series of hearings about how city officials handled evidence in the case, which stemmed from mass arrests in 2002 at Pershing Park in downtown Washington. Nathan, who’s led the office since January 2011, was called to testify about a document filed by his office that included inaccurate information.

Nathan said he wasn't personally involved in preparing the document, but had no reason to believe attorneys in his office acted unethically or knew they were filing incorrect information at the time. Jonathan Turley, a lead attorney for the plaintiffs and professor at George Washington University Law School, asked Nathan why he didn't order an investigation once he learned his office had filed inaccurate information. Nathan said he believed he had met his ethical obligations and had "no regrets."

Voting Begins in D.C. Bar Elections

Voting is underway in this year's D.C. Bar elections for general and sections positions. The two lawyers vying for president-elect – the precursor post to serving as president – carried a bevy of endorsements into the election, which began April 30 and ends May 24.

Steptoe & Johnson LLP partner Brigida Benitez and Jenner & Block partner Lorelie Masters are this year's candidates for the bar's top job. The winner will serve as president-elect for a year before spending a second year as president, and then will serve a third year as immediate past president.

Both candidates have made expanding pro bono work and promoting access to justice top priorities. Benitez, in an interview today, said she wants to find ways the bar can be more creative in providing services and support partnerships with the legal services community. "It's something where the bar has been a leader, but I think the need is as great as ever," she said.

The Morning Wrap

More Jobs: The legal industry in April picked up 2,100 jobs, The Am Law Daily reports.

Seeking Release: Robel Phillipos, the Dzhokhar Tsarnaev friend accused of lying to authorities probing the Boston Marathon bombing, will try to secure his release from federal custody on Monday, The New York Times reports. Derege Demissie and Susan Church, Phillipo's lawyers, said in the court papers that the charges against their client were "refutable."

Tax Bill: Internet sales tax legislation is expected to go up for a vote in the U.S. Senate on Monday, CNNMoney reports. "We think this will help level the playing field," said Stephen Schatz, a spokesman for the National Retail Federation, one of the bill's biggest backers.

'Coercive' Jury Instruction Means New Trial in Murder Case

A man convicted of second-degree murder in a 2005 shooting will get a new trial after the District of Columbia Court of Appeals ruled today that the trial judge gave an "impermissibly coercive" instruction to the jury.

After a jury told District of Columbia Superior Court Judge Michael Rankin they couldn't reach a decision, the judge gave an instruction that crossed the line from communicating his desire for a verdict to making it seem as though the jury had to reach a verdict, the appeals court said.

Because coercion was "probable," Judge Stephen Glickman wrote for the panel, "we are unable to 'say with assurance that the jury arrived at its verdict freely and fairly.'"

Court Strikes 1892 Case Law on Contracts with Mentally Ill

Replacing precedent dating back to 1892, the District of Columbia Court of Appeals ruled today that contracts entered into with mentally incapacitated individuals will no longer be considered automatically void.

Under the new standard, those contracts will be voidable, as opposed to inherently void. According to the ruling, a contract will be binding unless the incapacitated person or someone approved to act on his or her behalf takes steps to cancel it. If an incapacitated person or the representative does want to cancel a contract, they can only do so if it would be fair to the parties involved.

Judge Anna Blackburne-Rigsby, writing for the court, said the new standard, which is used in the majority of jurisdictions in the United States, "better comports with modern contract law and modern understandings of mental illness."

D.C. Chief Judges Celebrate Law Day on Twitter

Summing up courthouse policy and practices in 140 characters isn't easy, but the chief judges of Washington's local courts gave it a try this morning as part of this year's Law Day festivities.

Replying to tweets with the hashtag #AskTheCJs, Chief Judge Lee Satterfield of the D.C. Superior Court and Chief Judge Eric Washington of the D.C. Court of Appeals spent an hour collaborating on responses via Twitter. A photo posted by the court showed the two judges seated with tablets in front of a large television screen displaying the Twitter feed.

The judges fielded two questions about jury duty, tweeting that the court was making efforts to tailor the number of people summoned to meet courthouse needs. They engaged in creative abbreviating to stay within the 140-character limit.

Law Firms Raise $3.6 Million for D.C. Civil Legal Services

Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit made an impassioned plea yesterday for law firms to take more responsibility for the welfare of civil legal services groups, lamenting the small percentage of the legal industry's billion-dollar revenues that go to financially-strapped providers.

Tatel spoke at an event honoring 36 law firms that contributed $3.6 million last year to local civil legal services through the D.C. Access to Justice Commission's second annual Raising the Bar in D.C. Campaign. Firms were honored based on the percentage of annual D.C. office revenues donated to legal services; the number of participating firms in 2012 was up from the 23 that participated in 2011.

Tatel praised the private bar's efforts to assist their colleagues in civil legal services, but warned the challenges facing individuals who can't afford a lawyer "is only getting worse." In the District of Columbia, for instance, he noted that more than 90 percent of litigants are unrepresented in certain types of civil cases.

D.C. Court of Appeals Chief Unopposed for Third Term

In 2012, the median time for the District of Columbia Court of Appeals to resolve cases was 352 days. It was the first time in a decade that number dropped below the one-year line, and as Chief Judge Eric Washington prepares for what will likely be another tem as chief, he says he wants to do better.

Washington is unopposed in his bid for a third four-year term leading the city's highest local court. He is widely credited with making the court more efficient, but complaints about case backlogs have persisted. In his application materials, Washington wrote that "fair and timely resolution" of cases remains a top priority.

According to court statistics, the median number of days it took the court to resolve cases dropped from 10-year highs of 505 days in 2002 and 2007 to 352 days last year. The average time it took to resolve cases remained higher—a sign that certain cases are still taking much longer—although the court also reached a 10-year low of 427 days last year.

The Morning Wrap

Ricin Arrest: A Mississippi martial arts instructor is in police custody as part of a probe into ricin-laced letters sent to President Barack Obama and two other public officials, Reuters reports. Everett Dutschke, 41, faces maximum possible penalties of life imprisonment and a $250,000 fine if convicted.

'Goodbye': Retired U.S. Supreme Court Justice Sandra Day O'Connor said she isn't sure the court should have taken Bush v. Gore, which ended the Florida recount and decided the 2000 presidential election, the Chicago Tribune reports. "It took the case and decided it at a time when it was still a big election issue," O'Connor said during a talk Friday with the Tribune editorial board. "Maybe the court should have said, 'We're not going to take it, goodbye.'"

Transportation Nomination: President Barack Obama intends to nominate Charlotte, N.C., mayor Anthony Foxx to serve as the next transportation secretary, The New York Times reports.