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August 02, 2004


Dusty Old Books

So current Article IV judges serve in tropical paradises, but in the not too distant past they would have served in the frozen north as well. I think that should elevate them a bit in the rankings of Art. I, Art. III, Art. IV, and State judges. And what about those underappreciated ALJ's and Hearing Officers? Is there a place in our hearts for Article II breth/sisteren?

Steve Lubet

A3G was kind enough to recommend my article, "Stupid Judge Tricks," as evidence of the antics of state court judges. Just to show that I am even handed in these matters, devotees might also want to look at “Bullying From The Bench,” 5 The Green Bag 2d 11 (2001), in which I point out some erratic behavior on the federal side.


Dear A3G,

I am offended that you have not ONCE mentioned an Article IV judge! Article IV judges are not only sexy, but have most of the powers of Article III judges, except, perhaps to sit on panels. See Khanh Phuong Nguyen v. United States, 539 U.S. 69 n. 9 (2003) (bench slapping of 9th cir. by SCOTUS after letting an Article IV judge sit on a three-judge panel).

Moreover, Article IV judges always live in tropical paradises. Therefore, you must present more gossip on Article IV courts, past, present or future.


Article IV Slut

PS: Although I keep my identity secret, I should mention that I believe that I am the only law clerk in current service to have served in state court, Article III court and an Article I court. Of course, I only know six other law clerks as the rest fear me.

PPS: Sorry I said “slut.”

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