Our Condolences to Judge Berzon
We feel a bit like Senator Joe Biden must feel right now, after his ill-advised comments about Senator Barack Obama. In case you haven't heard, Sen. Biden paid Sen. Obama's presidential candidacy some backhanded compliments:
“I mean, you got the first mainstream African-American who is articulate and bright and clean and a nice-looking guy.”
Take foot (or, in our case, keyboard). Insert into mouth. Then push, as far as it will go.
Yesterday we published a post about a recent plane trip made by Judge Marsha Berzon, of the Ninth Circuit, and her family. It was supposed to come across as playfully irreverent (and yes, slightly snarky). But instead, it turned out to be rather mean-spirited, at least in the eyes of some readers -- such as Judge Alex Kozinski.
In a later post, we will explain various aspects of that original post (and vigorously defend the decision to publish in the first instance). But for now, we would like to point out that the timing of our post could not have been worse.
The following email is representative of others we've received. It's from a former clerk of Judge Berzon (who, by the way, thinks very highly of her and enjoyed the clerkship):
Judge Berzon’s brother passed away Tuesday quite suddenly and unexpectedly. So, whereas I would be bothered by such a post about someone I so thoroughly revere as a general matter, I wouldn’t normally object to its very existence — I’d just fight back. Given current circumstances, however, I do think it is in especially poor taste this week, a point you might want to consider as you post further on the subject.
Point well-taken. Obviously we had no idea of the passing of Judge Berzon's brother at the time we published our post. It was a story we had on hand for a while -- non-time-sensitive stuff, or what we in the biz call "evergreen" material -- and we didn't get the chance to write it up until yesterday. So it was pure (and unfortunate) coincidence that it appeared at such a terrible time for the Berzon family.
We send our sincerest condolences to Judge Berzon on the passing of her brother. And we apologize if we have in any way made such a difficult time for her family even more trying.
Update: Some interesting comments here. Please be sure to read our clarification of the point of this post. Thanks.
Earlier: Flying the Friendly, Federal Judicial Skies: An Open Letter from Judge Alex Kozinski
Flying the Friendly, Federal Judicial Skies
(30) Comments
Lat: why don't you write Posner, Easterbrook, and Calabresi, and ask them to rule on the following.
Issue: Should Lat have put up the Berzon post when . . .
What's even more obnoxious/awkward than posting some stupid story about Berzon's family is publicly posting the fact that her brother died. Lat - you are like Larry David, but not funny.
Honestly, Lat, toughen up a bit! Every time you come under fire you go all wobbly on us. That's no way for the preeminent legal tabloid blogger to act.
Look, you need to be a bit more thick skinned, and stop worrying about what everyone thinks about you and your editorial decisions. Ever since you started ATL, you've backpeddled, qualified, and mea culpa'd immediately in response to any blowback. No good. No good at all. You're supposed to be a hardboiled (formerly catty)gossip columnist. Stick to your guns, and don't feel the need to share with everyone why you're stickin' to 'em. We'll understand. We'll get it.
The Berzon post was classic. Reminiscent of the best of UTR, which was far and away better than ATL. It's natural for AK to come to a colleague's defense, but don't take it so personally, please. You can't cover Art. III personas if you feel the need to be loved by them. Just do your thing. Your blog, your rules, my friend. This ain't the NYTimes.
From the original post:
"DF Dad and DF Mom start running around the cabin like chickens with their heads cut off. They're going in a million different directions at once -- to the back of the plane, to the front, to the back again. They're summoning the flight attendants. They're trying to get paper towels from the bathroom. They're squawking angrily at one another, so that the entire cabin can hear them. The scene is TOTAL CHAOS."
"Total Chaos" or . . . a typical flight with kids.
Does this story impact the current salary situation with big law firms?
3:17 PM: Why should it be a secret that her brother died? Some people may wish to send condolences. Also, presumably there is an obituary or announcement somewhere.
Law Dad: A typical flight with *teenage* kids? I don't think so. These aren't toddlers, and a teenage girl, no matter how boho, is old enough to know not to balance a cup of coffee on an armrest and then try to hide your screwup from the people it will affect most. And her parents should have taken responsibility for their daughter's actions when the couple showed up and had to face a wet seat. But they didn't say a word, and that ain't right.
Come on! First you sheepishly backoff b/c LAT wrote you a nasty-gram "let's behave" letter, then you completely retract the post b/c Berzon's brother died???? What's next -- advocating the elimination of dodgeball so kiddies don't get their feelings hurt?
Don't kid yourself, Berzon is not reading ATL so any offense conceivably taken by your post is by the self annointed protectors of good taste and morals (defined, of course, by your critics!).
Grow a set.
This entire story is retarded and I feel dumber for having read and commented about it.
3:27: It's not a secret. Just poor taste to splash it across your website, especially when Lat presumably didn't know him and only revealed it in a nakedly obvious attempt to mitigate Kozinski's harsh reprimand of his tact and editorial discretion.
Ditto to the "don't get wobbly" comment.
this is a tabloid, and the Berzon post was one of the most entertaining in a while, though I also love the salary hype.
I find it annoying that Judge Berzon's clerk acted like you were supposed to know her Brother died... it's sad yes, but I hate when people bring in totally irrelevant informatin just to make you feel bad for saying/doing something that you otherwise shouldn't feel bad about.
I had no idea the federal judiciary was so thin-skinned.
The article did not make light of any tragedy in Judge Berzon's family, but rather made light of the fact that Judge Berzon has no control over her family's actions, and has the utter lack of social grace to apologize and make right the mistakes of her daughter.
If she feels so strongly about the public's or bar's opinion of her parenting skills, perhaps she should take some classes to improve the same.
In short, if the shoe fits . . .
Look, people, this isn't hard to understand:
1. We stand by much of the original post. We will defend it, and our editorial prerogatives and judgment, in due course. Please do not construe this post as a "retraction."
2. We did want to state for the record, though, that (a) we (now) know about the death in Judge Berzon's family, and (b) we did NOT know about it at the time that we posted. In other words, we are not COMPLETE a**holes (just partial ones).
3. We were starting to receive a flow of emails about this unfortunate coincidence. So we put up this post to say "we know," and to stem that flow. That's all.
I'm going to sound really harsh here, but, did the behavior in question happen right around the time her brother died? If not, I say all's fair for covering lifetime appointees.
I'm going to sound really harsh here, but, did the behavior in question happen right around the time her brother died? If not, I say all's fair for covering lifetime appointees. &, even if the events were related, how in the heck was ABL supposed to know?
If I could rephrase: It's in poor taste to splash it [the death of Berzon's brother] across one's website when the ONLY motivation for doing so is to sneak in "condolences" in a shameless attempt to mitigate previous ethical lapses. Absent the previous Berzon-related post, Lat would clearly not have revealed the news that Berzon's brother has died. Shame, shame.
I dare someone to find previous posts by Lat on ATL or UTR in which he lamented the passing of an ostensibly non legal-related sibling or family member of a judge, clerk or any other attorney.
Mr. David Lat,
You are an a--hole. Not because of this Judge Berzon business (she is clearly not as eminent as the Judges I have clerked for), but because you have forced me to redesign my website in an exceedingly tasteful minimalist format. Further, I've read many of the posts on this site, which all stem from your original article. Let's just say that you don't want to f--- with the International Association of Networks, and you just did my friend.
Regards,
Spielvogel
I think the condolences post is fine--it's not an apology for the substance of the original post, but for its timing, which was admittedly (but inadvertently) unfortunate.
The only thing I quibble with is analogizing yourself to Biden--it's not like his comment would have been any less offensive if he'd said it at some other time.
It's very easy to sit here and critique David Lat.
The reality is that all of us love reading these salacious stories.
We enable David Lat's behavior and as a result should try to avoid tearing him down for it.
all's fair for covering lifetime appointees
That is one of the most assinine statements I have ever heard.
And pretty much sums up what is wrong with the Berzon post and much of our dumbed-down culture. The Idiots Have Taken Over.
I attended college with Judge Berzon's daughter, and I can vouch for the fact that the junior Ms. Berzon is a lovely human being. She's a brilliant writer, a witty classmate, and a caring friend. I was not on the plane, so I can't refute David Lat's account of the incident. I can say, though, that I find it hard to believe that Ms. Berzon would ever behave in such a manner. In any event, even if David Lat's account is accurate, haven't we all had our bad, frustrating days? Haven't we all behaved in ways we later regret? I guess the rest of us are just lucky that our parents don't happen to be federal judges, movie stars, or whatnot. Listen, I enjoy reading this blog; I know I wouldn't think twice about the story if I didn't actually know the person involved. However, since I do know and have always had a very positive impression of Ms. Berzon as a person and as a friend, I felt compelled to say so in this forum.
FOB: I actually don't think she comes across that badly.
1. She did think about possibly sitting in the seat she spilled the coffee in.
2. She ultimately didn't - but for all she knew, that seat would be vacant. Middle seats often are the last to get filled.
I did find this story amusing, even though I don't know why. It doesn't amount to much when you think about it. But I found myself laughing.
One way to look at the original story is thusly: suppose the family had been that of Senator Boxer or Senator Collins. Would the critics still believe it should not be published? If so, then fine. But if they are suggested that judges are different -- sorry, there I part ways with you.
Lat,
Don't feel bad. Though the story isn't complimentary, it's not that bad either. Which, to me, means that it's probably true. Not sure why Kozinski felt like he needed to write in. He made you feel bad about the stuff you choose to write in your own blog which is filled, FILLED with funny nonsense (legally related). I don't think you have anything to feel bad about. Not even the timing. Though, I do wonder whether Berzon would have wanted her former clerk to go spouting what might have been personal business to anyone and everyone (which, frankly, is what you're doing whenever you write into a blog tip line these days).
Rock on Lat. This is your place. It's silly and irreverent. Keep it that way.
For a federal judge, the Koz seems mildly retarded.
He's never heard a Berzon clerk badmouth her to him? THAT's his evidence?
It takes a rare breed of deranged clerk to badmouth their judge to another judge.
I loved Koz's letter. Basically, the content was "I love coming to your site and reading all about it when you talk shit about people, David. But not when you talk shit about the people I happen to personally like and respect. That is crossing a line. The other victims of anonymous slander can go fuck themselves, tho-- keep up the good work!!"
Lat, don't get scared off by the Koz. The Berzon story was classic, and I laughed my ass off. Maybe the Koz needs a little ATL love himself. Come on, any past Koz clerks who want to anonymously drop some dirt or funny stories on the crazy Koz?
God, the commenters who think the original post was bad or timed poorly are obnoxious! You all are what make lawyers look bad--because you make us look humorless.
David--Keep it up. Snark it up!
Ignore Kozinski - the comments above are on track - especially what he has based his opinion on - the lack of stories he has heard. He's been on the court of appeals bench since he was 35 - and has not ever been in a courtroom other than being appointed to it, nor would know the slightest idea on how to put a case together.