ABAJournal.com reports on the Moby Dick brief filed by federal prosecutors. The prosecutors object to "sentencing errors" by a U.S. District Judge in Pennsylvania who sentenced former Pa. law maker Vincent Fumo to 55 months (too little), according to prosecutors. Fumo was at the center of a scandal that rocked and is rocking Pennsylvania. The appeals court responded to the brief by ordering the angry federal prosecutors to cut their mammoth filing.
I am reminded by this account of the practice of the Jones Day attorneys for the OurTown diocese.
Upon receipt of a clergy sex abuse lawsuit filed by me, the Jones Day lawyers would launch a metropolitan-phone-book-sized motion to dismiss and brief which would land on my desk within 30 business days of each new action. Yeah, it was real easy doing what I did in my chosen law practice, and doing it solo. This was particularly true, when the local judge, often a graduate of one of the diocesan schools reflexively granted the motions, meritorious or not. When I appealed these rulings it was encouraging that the reviewing appellate panels were populated by jurists who were recipients of the Thomas More awards at the annual Red Masses. In hindsight, it's amazing that any headway was made in this state.
Alright, I admit it, I'm having a real pity party for myself, today.
I'm going through a banker's box of yellowed newspaper clippings and documents in preparation for my pre-sentence investigation interview, tomorrow. I'm thinking about the chaos and struggle of my former law practice and I'm also thinking of all the wonderful people along the way swept under the wheels, including colleagues. But I'm especially thinking about brave clients who survived horrific childhoods and traumas and ultimately the callous ignorance of OurState justice. I'm very angry this today, and I can't afford to be angry. It's easy to be self-righteous, I'm giving into my ego when I get this way.
That's what the prosecutors in Pa. are doing with their anger which they manifest Ahab-like with their Moby Dick brief.