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Session Description
The ethical issues involving Judge David Jones in Texas are in the news all over the world. What lessons to we learn? What obligations do professionals -- both practitioners and judges have to question "connections"? How do we protect our industry which is built on transparency, notice and fairness? What happens when we fail to protect it? Does the public shrug their shoulders and figure that none of it is fair and only the powerful benefit? The mistrust hurts us all and especially in a court system that sees more businesses and individuals than any other. Are we destroying ourselves by regarding this as more of a game and forgetting that this is a profession that is built on trust?
Learning Outcomes
What should professionals and judges consider for disclosure of "connections"?
How do we determine what should be disclosed?
How do we live within our ethical obligations while providing the best representation of our clients?
Target Audience
Business
Suggested Speakers
Nancy
Rapoport
nancy.rapoport@unlv.edu
First Name
Deborah
Last Name
Thorne
Email
deborah_thorne@ilnb.uscourts.gov
Firm
United States Bankruptcy Court NDIL

Bankruptcy "Judge Shopping" Under Fire from Creditors, Professors

Submitted by jhartgen@abi.org on

Creditor groups and several law professors on Friday called for an end to what they call "judge shopping" in a Houston, Texas, bankruptcy court that directs all large cases to a couple of judges, saying that the practice creates "the perception of a two-tiered justice system," Reuters reported. The group asked the federal judiciary to adopt a nationwide rule change that would require new "mega" bankruptcy cases with more than $100 million in debt to be randomly assigned among all judges within the district where they are filed. A uniform rule would reinforce the "impartiality" of the federal court system and prevent bankruptcy courts from competing "to attract the largest and most high-profile bankruptcy cases," the group wrote. Rules proposed from outside the judiciary are subject to many layers of review before they can potentially be adopted, a process that generally takes at least three years, a spokesman for the administrative office of the courts said on Friday. Bankruptcy courts currently have wide latitude in how they assign cases, which has sometimes allowed bankrupt companies to "effectively pick and choose the judge of their choice," according to a letter signed by eight law professors, two creditor groups and Cliff White, a former director of the U.S. Department of Justice's bankruptcy watchdog.