Supreme Court Associate Justice Ruth Bader Ginsburg on Friday in Colorado Springs read a funny and heart-warming speech written by her late husband, tax attorney Martin Ginsburg.
The occasion for the speech, presented above, was the 10th U.S. Circuit Court of Appeals’ biennial bench/bar conference at the Broadmoor Resort. Martin Ginsburg had agreed to give the speech, but he died in June.
Martin Ginsburg’s speech recounted how an obscure 10th Circuit tax case, which the Ginsburgs handled pro bono, led to a Supreme Court appearance for his wife and to a host of other gender-discrimination cases. The case involved a contested tax deduction involving a Mr. Morris that would have been allowable had Morris been a single woman. He was a single man.
The Morris case, which was handled under the auspices of the American Civil Liberties Union, led to Ruth Bader Ginsburg’s being retained to handled the much-larger discrimination case of Reed v. Reed before the U.S. Supreme Court.
Meanwhile, the government appealed an unfavorable 10th Circuit verdict it got in the Morris case, attaching a mainframe-generated list of hundreds of other statutes that would be similarly affected. The nation’s high court denied cert, and the future Justice Ginsburg used the list to successfully challenge the statutes in other courts.
The outcomes were “all in all great achievements from a tax case with an amount in controversy that totaled exactly $296.70,” Martin Ginsburg wrote in his speech. “As you can see in bringing those tax court advance sheets to Ruth’s big room [her office] 40 years ago, I changed history for the better and I shall claim I rendered a significant service to the nation.”
Justice Ginsburg was composed throughout the speech but concluded with a tear in her eye. The audience gave her a standing ovation.
Denver TV stations 9News and CBS4 followed Law Week Colorado’s coverage of a newly released video depicting the “forced extraction” of a convicted murder that took place on a judge’s order.
9News wrote:
One way or another, Ignacio Rael was going to make his own sentencing hearing inside a Cortez courtroom.
“Personally, I felt like he didn’t need to be there for the sentencing, but we had received a written order for the judge to make sure he was there,” Montezuma County Sheriff Gerald Wallace said on Thursday by phone.
So Wallace had his extraction team forcibly remove Rael, a convicted murderer, from a jail cell. The videotape of the February incident was first obtained by Law Week Colorado this week.
Source: Montezuma County Sheriff’s Office
Ignacio “Michael” Rael is forcibly removed from a holding cell by Montezuma County sheriff’s deputies on the order of 22nd Judicial District Judge Douglas Walker.
By Ali McNally and Don Knox
LAW WEEK COLORADO
DENVER — A convicted second-degree murderer in Cortez was overwhelmed by six helmeted sheriff’s deputies, Tased twice, forcibly restrained, cable-tied then shackled, hooded and placed in a belted chair before being whisked to a February sentencing he didn’t want to attend, a video obtained by Law Week Colorado shows.
The method used to subdue Ignacio “Michael” Rael by the Montezuma County’s Sheriff’s Office appeared to be by the book. Also by the book was the office’s videotaping of Rael’s extraction from the cell. Law Week obtained the video from the sheriff’s office through a request made under the provisions of the Colorado Open Records Act.
Montezuma County Sheriff Gerald Wallace told Law Week that deputies tried to talk Rael, whom the sheriff considered violent, out of his holding cell before using force. Rael likely was Tased because he didn’t immediately show his hands, Wallace added.
But questions remain as to whether Montezuma County Judge Douglas Walker, who issued the controversial order for sheriff’s deputies to use “all reasonable and necessary force to transport the defendant for court for sentencing,” unnecessarily put both the defendant and sheriff’s deputies at risk through that order. Two Colorado law professors told Law Week that Rael’s forced appearance at the sentencing was unusual.
The Colorado Judicial Branch has not publicly addressed the wisdom of Walker’s order. In February, spokesman Rob McCallum said only that the branch placed “a high value on its relationship with law enforcement and places its trust in those officials to decide what course of action is necessary in any given situation.”
Walker, who is running for voter retention in November, has repeatedly declined comment since the sentencing, but 22nd Judicial District administrator Eric Hogue released a copy of Walker’s order to Law Week.
Wallace, the sheriff, told Law Week that his personal opinion was that Rael should have been sentenced in absentia because he was tried in absentia. But he nevertheless followed Walker’s order.
Brutal killing
Colorado doesn’t require defendants to appear at sentencing hearings, even convicted murderers like Rael who are accused of especially brutal behavior.
Rael used leather-weighted gloves to beat ex-girlfriend Diane Cordova to death, prosecutors said at his trial. Rael didn’t make an appearance at his trial — he has contended he wanted to appear but was not allowed to do so — but he was represented by state public defenders. A jury considered both first- and second-degree murder charges against Rael before settling on second-degree murder, which is murder without premeditation. Walker sentenced Rael to the maximum 48 years in prison.
Rael’s appearance at his sentencing gave the victim’s family the opportunity to confront the killer before he entered the prison system, possibly for the remainder of his life.
“I can understand why a judge would want a defendant there, and I can understand why the victim’s family would want him there,” said Patrick Furman, a University of Colorado law professor. “But I am unaware of a requirement” that defendants appear at their sentencing hearings.
Jessica West, a visiting professor at the University of Denver Sturm College of Law, said, “It’s extremely unusual for a criminal defendant to be forcibly brought to their sentencing hearing.”
However, West added that while a criminal defendant has a constitutional right to be present at their sentencing, “he or she does not have a constitutional right to not be present at their sentencing hearing. A judge can allow a criminal defendant to waive that right [to appear], and defendants do waive that right in a number of circumstances. But constitutionally, a judge is not required to allow someone to not appear at the sentencing hearing.”
Rael objected to his treatment at his sentencing. The Cortez Journal quoted him as saying, “I was beat, handcuffed and tied to this chair. What’s wrong with this picture? I’m not an innocent (expletive deleted), but come on, man!”
In the days after Rael’s sentencing, Colorado Public Defender Douglas Wilson told Law Week Colorado, “I have not been able to talk with my attorneys yet, but the conduct by the judge and the sheriff was outrageous. No, this does not happen and should never happen anywhere in this country. The court has the right, as a last resort, to ban a disruptive client from the courtroom, but not to order that anyone ever be tortured, bound and gagged in a restraint chair.”
Relatively new judge
Walker is a relatively new district court judge in the 22nd district. Colorado Gov. Bill Ritter appointed him July 11, 2007. This month, Walker filed papers indicating he will run for voter retention this November.
Before being appointed to the court, Walker served as a district court magistrate for both the 22nd and 6th judicial districts since 1997. Before that, he was a sole practitioner (1981 to 1997) and worked for two years at the Alternative Horizons Domestic Relations Legal Project (1996 to 1997). Walker was also a tribal prosecutor for the Southern Ute Indian Tribe (1982 to 1995), and worked in the Law Office of Frank Anesi in Durango (1979 to 1981).
Walker’s judgeship was a new position created pursuant to House Bill 07-1054. The initial term of office is a provisional term of approximately two years, and if retained by the voters, a term of six years.
The district’s only other judge, Sharon Hansen, recently announced her retirement, meaning that Walker will be the district’s most senior judge if voters send him back to the bench.
Under Colorado’s judicial-performance program, Walker’s pre-retention performance evaluation is to be released Aug. 3. It’s not known whether the Rael order will be mentioned. A summarized version of the evaluation will be included in state-printed “blue books” distributed to every Colorado voter prior to the Nov. 2 election.
The 22nd Judicial District performance commission is made up of lawyers Kelly McCabe, Peter Ortego, Jim Shaner and Kent Williamson and non-attorneys Leslie A. Taylor (chair), Diana Buza (vice chair), Joe Keck, Travis C. Morgan, Kelly Wilson and James R. Wynes.
Law Week Colorado staff Matt Masich and James Chaney contributed to this report.
The video clip above shows the following action taking place.
0:06: Six helmeted deputies, at least one carrying a shield, enter through exterior door at detention center.
0:13: Wristwatch is photographed to note time.
0:24: Deputies enter interior hallway.
0:31: Rael’s cell door is in view; a black cloth covers the door’s window.
0:34: The door is unlocked and deputies storm the room, forcing Rael down on his prison cot.
0:37: The sound of a Taser charge is heard. Rael yells in pain.
0:48: Rael continues to yell; a deputy orders him to raise his arm and his head.
1:26: Rael yells, “I’m not resisting. I never did resist. I never did resist. I’m not trying to resist.”
1:43: A deputy advises Rael not to resist.
1:45: Rael again says, “I’m not resisting.”
1:47: A second Taser shock is heard, followed by Rael yelling.
1:58: A deputy shouts, “Give me your fingers. Give me your fingers.”
2:00: Rael yells again.
2:29: The first full view of Rael is videotaped.
3:12: Rael is placed in belted chair.
6:30: At least one Taser probe is missing and may still be on Rael, one of the deputies reveals.
6:25: The camera pans through Rael’s cell to food on floor, bed, toilet and filth on walls.
7:10: A hooded Rael is wheeled back into his cell and the sound of a locking door can be heard.
[An unknown amount of time elapses; video camera restarted.]
7:25: As Rael yells, deputies return to cell, unlock the door and enter.
DENVER – More than 175 women in law raised more than $2,500 for Dress for Success Denver at last week’s “Fashion With a Passion,” an event at the Ritz-Carlton Denver.
Guests sipped cocktails and sampled samosas in the Ritz-Carlton Ballroom while checking out a runway of the latest trends in professional wear, courtesy of Saks Fifth Avenue. The event was also sponsored by Law Week Colorado and the Rocky Mountain chapter of the Legal Marketing Association.
All proceeds benefited Dress For Success Denver, a global nonprofit promoting employment assistance and retention among disadvantaged women.
Corporate counsel, judges, legal marketers and members of the Denver fashion community mingled in the romantically lit ballroom, which featured two cocktail bars, a massage station, and drawings for beauty products and a two-night’s stay at the Ritz.
“It’s a wonderful cause and a great networking event,” said Carmel Gill, vice president of the Colorado chapter of the Association of Corporate Counsel.
Editor’s Note: Read the full story in the print edition of Law Week Colorado.
LAW WEEK COLORADO
Brownstein Hyatt Farber Schreck co-founder Steve Farber, who helped bring the 2008 Democratic National Convention to Denver, spoke Friday with co-author Harlan Abrahams about their book, “On The List,” which detailed, in part, Farber’s acceptance of a kidney from his son Gregg.
A U.S. Supreme Court confirmation hearing can be a difficult process. It turns out, that just getting to Washington, D.C., for the nomination announcement can also involve some twists and literal wrong turns, The ABA Journal reports.
In an interview with C-SPAN, Sotomayor told of a long wait for the White House phone call and a difficult trip in a torrential rain, according to stories in the Washington Post, The Caucus blog of the New York Times, and The BLT: The Blog of Legal Times.
Extra: During C-SPAN’s Q&A, Supreme Court Week executive producer Mark Farkas describes working with the Supreme Court public information staff as he put together C-SPAN’s documentary and interviews with all the Justices.
LAW WEEK COLORADO
Karl Fisch and Scott McLeod are globally recognized their “Shift Happens (Did You Know?)” video series. An updated 4.0 version was released Sept. 14.
The series was discussed at the 2009 Futures Conference & College Annual Meeting this week at the University of Denver Sturm College of Law. The conference, sponsored by the College of Law Practice Management, examined where the practice of law going and how lawyers’ practices will fit it.
Also discussed was this video from Social Media Nation:
LAW WEEK COLORADO
KBDI-TV host Mike Zinna recently interviewed 18th Judicial District DA Carol Chambers and her husband, defense attorney and former Arapahoe County Republican chairman Nathan Chambers.
The congressman, in his first video to constituents, also criticizes HHS Secretary Sebelius’ role because she headed the Kansas trial lawyers association.
