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Tuesday, September 1 at 6:00pm
In my opinion, Justice Souter, while not the most celebrated Justice, is certainly one of the most moderate. His moderate jurisprudence indicates to me that he is more interested in interpretation of the law than conforming to someone's political agenda. This is how it should be.
Justice Souter was not afraid to be eccentric nor to concur with colleagues at either end of the spectrum when he felt the opinion had merit.
And really, is the United States Supreme Court a forum for would-be celebrity?
From the ABA Journal
Roberts and Souter Trade Robert Frost Quotes in Farewell Letters
By Debra Cassens Weiss
There’s a touch of Robert Frost in Justice David H. Souter’s love of New Hampshire and the old farmhouse where he lived outside of Washington.
The poet figured prominently in farewell letters marking Souter’s last day on the bench on Monday, the New York Times reports. The poem “Stopping by Woods on a Snowy Evening” was quoted first, in a letter (PDF posted by SCOTUSblog) from the justices read by Chief Justice John G. Roberts Jr.
“We understand your desire to trade white marble for White Mountains, and return to your land ‘of easy wind and downy flake,’ ” the letter said. Souter looked down as the letter was read, Dana Milbank writes in his Washington Sketch column for the Washington Post headlined “Mr. Smith Leaves Washington.”
Souter replied in kind, reading from a letter (PDF posted by SCOTUSblog) with references to Frost’s “Two Tramps in Mud Time,” the Times says.
“You quoted the Poet, and I will, too, in words that set out the ideal of the life engaged, ‘... where love and need are one ... ’ ” Souter said.
“I will not sit with you at our bench after the court rises for the summer this time,” Souter continued, “but neither will I retire from our friendship, which has held us together despite the pull of the most passionate dissent. It has made the work lighter through all my tenure here, and for as long as I live, I will be thankful for it, and be under a very grateful obligation to each one of you.”
The National Law Journal reports that Souter’s voice seemed to quiver as he spoke.
Justice Souter was not afraid to be eccentric nor to concur with colleagues at either end of the spectrum when he felt the opinion had merit.
And really, is the United States Supreme Court a forum for would-be celebrity?
From the ABA Journal
Roberts and Souter Trade Robert Frost Quotes in Farewell Letters
By Debra Cassens Weiss
There’s a touch of Robert Frost in Justice David H. Souter’s love of New Hampshire and the old farmhouse where he lived outside of Washington.
The poet figured prominently in farewell letters marking Souter’s last day on the bench on Monday, the New York Times reports. The poem “Stopping by Woods on a Snowy Evening” was quoted first, in a letter (PDF posted by SCOTUSblog) from the justices read by Chief Justice John G. Roberts Jr.
“We understand your desire to trade white marble for White Mountains, and return to your land ‘of easy wind and downy flake,’ ” the letter said. Souter looked down as the letter was read, Dana Milbank writes in his Washington Sketch column for the Washington Post headlined “Mr. Smith Leaves Washington.”
Souter replied in kind, reading from a letter (PDF posted by SCOTUSblog) with references to Frost’s “Two Tramps in Mud Time,” the Times says.
“You quoted the Poet, and I will, too, in words that set out the ideal of the life engaged, ‘... where love and need are one ... ’ ” Souter said.
“I will not sit with you at our bench after the court rises for the summer this time,” Souter continued, “but neither will I retire from our friendship, which has held us together despite the pull of the most passionate dissent. It has made the work lighter through all my tenure here, and for as long as I live, I will be thankful for it, and be under a very grateful obligation to each one of you.”
The National Law Journal reports that Souter’s voice seemed to quiver as he spoke.
Oftentimes judges, juries, and attorneys are taken to task for the perception that the collective "they" are not "tough on crime".
In fact, Tennessee criminal sentencing procedures were deemed unconstitutional after the United States Supreme Court decision in Blakely v. Washington, 124 S.Ct. 2531 (2004).
In response, our legislature established the Criminal Sentencing Reform Act of 2005.
After the Blakely ruling, Governor Phil Bredesen established the Task Force on the Use of Enhancement Factors in Criminal Sentencing. The Task Force was charged with recommending changes to remove the constitutional infirmities of Tennessee’s sentencing statutes. Upon doing so, the Task Force was further charged with monitoring the impact the 2005 Reform Act has on Tennessee’s criminal justice system.
Pursuant to TCA §40-35-210(6)(b), the Administrative Office of the Courts is to provide statistical information as to sentencing practices for similar offenses in Tennessee. The provided statistics are meant as an advisory guideline in sentencing.
For criminal defendants and their counsel, these statistics are invaluable.
For anyone simply curious or concerned...you may find them fascinating.
The statistics are presented in a straightforward way and may be cross-referenced depending upon the information sought. For example, one may view by type of crime and/or type of punishment (incarceration, probation, split sentence). One may view generally---"average length of incarceration for A felony" or specifically as to type of crime---"average length of incarceration for rape of a child".
Sentencing statistics were also compiled for sentences pre and post Blakely.
The entire report is available for download at the Administrative Office of the Courts website:
http://www.tsc.state.tn.us
I welcome a discussion regarding sentencing procedures or any other timely legal topic.
I'd like to hear your thoughts.
In fact, Tennessee criminal sentencing procedures were deemed unconstitutional after the United States Supreme Court decision in Blakely v. Washington, 124 S.Ct. 2531 (2004).
In response, our legislature established the Criminal Sentencing Reform Act of 2005.
After the Blakely ruling, Governor Phil Bredesen established the Task Force on the Use of Enhancement Factors in Criminal Sentencing. The Task Force was charged with recommending changes to remove the constitutional infirmities of Tennessee’s sentencing statutes. Upon doing so, the Task Force was further charged with monitoring the impact the 2005 Reform Act has on Tennessee’s criminal justice system.
Pursuant to TCA §40-35-210(6)(b), the Administrative Office of the Courts is to provide statistical information as to sentencing practices for similar offenses in Tennessee. The provided statistics are meant as an advisory guideline in sentencing.
For criminal defendants and their counsel, these statistics are invaluable.
For anyone simply curious or concerned...you may find them fascinating.
The statistics are presented in a straightforward way and may be cross-referenced depending upon the information sought. For example, one may view by type of crime and/or type of punishment (incarceration, probation, split sentence). One may view generally---"average length of incarceration for A felony" or specifically as to type of crime---"average length of incarceration for rape of a child".
Sentencing statistics were also compiled for sentences pre and post Blakely.
The entire report is available for download at the Administrative Office of the Courts website:
http://www.tsc.state.tn.us
I welcome a discussion regarding sentencing procedures or any other timely legal topic.
I'd like to hear your thoughts.
Governor Approves Supplemental Money for Indigent Defense Fund
Nashville, Tenn. – An additional $5 million has been added to the state’s indigent defense fund to pay remaining claims for the 2008-2009 fiscal year. The supplemental funding comes as part of the $29.4 billion budget signed by Governor Bredesen Thursday. The $5 million in supplemental funding will go toward paying attorneys’ fees and expert witnesses for indigent claims that have not yet been paid for 2008-2009 fiscal year. Attorneys will begin receiving checks next week.
During the 2009-2010 fiscal year, the indigent defense fund will receive $21.4 million, along with $5 million in non-recurring funds.
“The indigent defense fund is fundamental to the administration of justice in Tennessee and we thank the governor and general assembly for including the supplemental funding in the budget plan,” said Libby Sykes, director of the Administrative Office of the Courts. “We also thank attorneys statewide for their patience during the past several weeks, and commend them for continuing to represent Tennesseans that cannot afford legal representation.”
Nashville, Tenn. – An additional $5 million has been added to the state’s indigent defense fund to pay remaining claims for the 2008-2009 fiscal year. The supplemental funding comes as part of the $29.4 billion budget signed by Governor Bredesen Thursday. The $5 million in supplemental funding will go toward paying attorneys’ fees and expert witnesses for indigent claims that have not yet been paid for 2008-2009 fiscal year. Attorneys will begin receiving checks next week.
During the 2009-2010 fiscal year, the indigent defense fund will receive $21.4 million, along with $5 million in non-recurring funds.
“The indigent defense fund is fundamental to the administration of justice in Tennessee and we thank the governor and general assembly for including the supplemental funding in the budget plan,” said Libby Sykes, director of the Administrative Office of the Courts. “We also thank attorneys statewide for their patience during the past several weeks, and commend them for continuing to represent Tennesseans that cannot afford legal representation.”
Susan Lyell Young, Attorney at Law's Notes
Farewell Justice Souter. We will miss you.Jun 30, 2009
"How much time am I gonna have to do?"Jun 30, 2009
The First Duty of Society is JusticeJun 30, 2009