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Thursday, November 12, 2009

Court - More on: Lake County Illinois prosecutors "Turn Tables on Student Journalists "

Updating this ILB entry from Oct.25th, the story has taken an even stranger turn.

"Chicago Judge Lambastes Sidley Lawyers Over Brief" is the headline to this Nov. 11th story by Lynne Marek of The National Law Journal - some quotes:

A court hearing on Tuesday in Chicago at which former Northwestern University journalism students planned to fight a subpoena for their records and grades turned into a judicial lambasting of their Sidley Austin lawyers.

It started when Judge Diane Gordon Cannon of the Cook County Circuit Court called the lawyers, partner Richard O'Brien and associate Linda Friedlieb, to the bench before prosecutors from the Cook County State's Attorney's Office had even arrived. She asked who had written the brief she was holding. O'Brien and Friedlieb responded that they had submitted the reply supporting the motion to quash the subpoena. * * *

The judge said an imprisoned pro se litigant had submitted a more appropriate brief in another case earlier that day and added that Karen Daniel, a Northwestern University School of Law professor who represents McKinney, had never submitted such a brief. O'Brien had difficulty interrupting her to call attention to the attorney names on the last page with Friedlieb's signature.

"You have to put your name on it as an officer of the court," Cannon said, explaining that the brief must start with "now comes petitioner" so-and-so. When O'Brien tried to speak, Cannon cut him off and told him to put his response in writing. Another hearing was scheduled for January.

Following the hearing, O'Brien, who specializes in media and intellectual property law, said that the brief was similar to thousands he has filed over his 30-year career, adding, "We stand by our advocacy." He had never come before Cannon in the past. Daniel declined comment as did Sally Daly, a spokeswoman for the state's attorney's office.

"I'm very sorry. I apologized to the judge," O'Brien said at a later press conference. "I'm sure I can work with Judge Cannon."

Above the Law has this entry from later the same day. It includes a link to the brief at issue. ATL notes:
Setting aside the signature block issue, was the Sidley brief appropriate? Judge Cannon condemned it as “reprehensible” and “dripping with sarcasm.” But based on our quick read, the brief didn’t seem particularly intemperate.
Yesterday the blog Chicago Law by Ameet Sachdev had arap-up.

Readers may recall that Ice Miller Attorney Michael A. Wilkins was initially suspended from the practice of law for one month by the Indiana Supreme Court because of a footnote in a brief. For more, see this ILB entry from April 5, 2004, along with several links.

Posted by Marcia Oddi on November 12, 2009 10:48 AM
Posted to Courts in general